Agenda of Council Meeting

Hurstville City Council – Council Meeting Wednesday, 15 July 2015

9. Council Reports

CCL766-15 12 Park St Peakhurst - Section 96 Modification to Approved Mixed Use to accommodate Mechanical Ventilation Duct and to screen Rooftop Duct and Fan

Applicant	Barrelle Guirguis Architects Pty Ltd
Proposal	Section 96 modification to approved mixed use building by a slab penetation to accommodate mechanical ventilation duct, aluminium louvre enclosure to screen rooftop duct and fan
Owners	Wa To Nin Pty Ltd
Report Author/s	Independant Assessment, Consultant Planner
File	MOD2015/0043
Previous Reports Referenced	No
Disclosure of Political Donations or Gifts	No
Zoning	Zone B1 - Neighbourhood Centre
Existing Development	Two storey building with two shops on ground floor and two x two bedroom units on first floor, plus strata subdivision
Cost of Development	$49,000
Reason for Referral to Council	Probity and public transparency, and works contrary to development consent
Planning Instruments Applicable	Hurstville Local Environmental Plan 2012, Development Control Plan No 1 – LGA Wide
Hurstville Local Environment Plan Interpretation of Use	Restaurant or cafe

EXECUTIVE SUMMARY

1. The Section 96(1A) modification seeks to modify development consent 12/DA-63 for demolition of existing building, construct two (2) storey building with two (2) shops on ground floor and two (2) x two (2) bedroom units on first floor, plus strata subdivision on land known as 12 Park Street Peakhurst. The building is already constructed.

2. On 18 February 2015 a report was considered by Council setting out unauthorised development on the site for an external exhaust duct for a café. It was resolved that an Order 2(a) under the Environmental Planning and Assessment Act 1979 for removal of the café exhaust duct be served and a Penalty Infringement Notice be issued to the business owner upon satisfactory completion of the works.

3. The plans do not comply with the building height development standard of the Hurstville Local Environmental Plan 2012, although the exceedance is of 500mm over an area of 1.65sqm.

4. The application was notified to twenty two (22) neighbouring owners, residents and business operators and no submissions were received in response.

5. The application was assessed by independent planner, Ros Read of Urban Perspectives.

AUTHOR RECOMMENDATION

THAT the application be approved in accordance with the conditions included in the report.

THAT the matter be referred to the Manager Building Control to take appropriate action under Part 6 of the Environmental Planning and Assessment Act 1979 in accordance with Council's adopted Enforcement Policy.

FURTHER THAT a Penalty Infringement Notice be issued to the business owner – development without development consent, corporation Class 2-9 building (code16272 - $3000).”

REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The Section 96(1A) modification application seeks to modify the approved plans for a two (2) storey building with two (2) shops on the ground floor and two (2) x two (2) bedroom units on the second floor, plus strata subdivision by making provision for:

· a slab penetration to accommodate a mechanical ventilation duct, and

· aluminium louvre enclosure to screen the rooftop duct and fan.

The building is fully constructed and occupied. A duct has been constructed on the southern elevation which extends on the outside of the building, through the awning to the roof, contrary to approved plans. The modification is intended to replace those illegally constructed works.

HISTORY

1 Aug 12 12/DA-63 - The construction of the building – approved.

19 Mar 14 MOD2013/0077 approved to provide additional tenancy and residential floor space.

25 Aug 14 DA2014/0926 Fit-out and use of shop 1 as a café - approved. Although the Statement of Environmental Effects described the external duct on the southern façade, this was not shown in the approved plans.

18/19 Dec 14 Council released the strata subdivision plans as approved.

18 Feb 15 Council resolved that an Order be issued for the removal of the existing external duct work.

8 Apr 15 MOD2015/0043 Current Section 96(1A) modification was lodged.

15 Apr 15 A question was raised in Council as to whether development consent could be revoked where there was non-compliance with conditions.

29 Apr 15 Strata Plan 88325 registered.

6 May 15 A report was considered in Council meeting indicating that there is no legal manner in which to revoke a development consent in the circumstances of non-compliance with conditions. That information was received and noted.

27 May 15 Request for further details made to the Applicant.

10 Jun 15 Response to request for further information provided and lodged with Council together with amended plans and an amended certificate of design for mechanical services from Grosvenor Engineering Group dated 9 June 2015.

17 Jun 15 Request for clarification of plans and heights made.

19 Jun 15 Amended plans provided.

DESCRIPTION OF THE SITE AND LOCALITY

The site legally described as Lot 1 in Strata Plan 88325 although at the time of lodgement it was comprised in Lot A DP408478. The whole strata plan generally forms a triangular shaped allotment on the north east corner of Park Street and Forest Road Peakhurst with a frontage of 18.92m to Park Street to the south and 22.27m to Forest Road to the north west. Existing on the site is a two (2) storey development with three (3) commercial units at ground level and two (2) residential dwellings on the first floor.

Adjoining the site to the north east is a residence and to the east are single storey shops. On the opposite side of Forest Road are detached dwellings and opposite on Park Street are single storey commercial premises. The area is generally neighbourhood shops bordering low density residential in character.

The site was visited on 11 May 2015.

COMPLIANCE AND ASSESSMENT

The proposal has been lodged under the Section 96 of the Act and has been assessed against the following matters for consideration under this section of the Act.

96 Modification of consents—generally

(1A) Modifications involving minimal environmental impact

A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if:

(a) it is satisfied that the proposed modification is of minimal environmental impact, and

Comment: The proposal is considered to be of minimal environmental impact. Although the duct and exhaust and screening will exceed the height limit it is of a minimal size and has been screened to reduce the visual impact. Noise conditions can require the noise from the exhaust to be limited so as not to create an unreasonable environmental impact.

(b) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and

Comment: It is considered this Section 96 modification is substantially the same development as the development approved in the consent to which it relates as the development remains a mixed use building with two (2) residences on the first floor and commercial premises at ground level.

(c) it has notified the application in accordance with:

(i) the regulations, if the regulations so require, or

(ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

Comment: The application was notified in accordance with the relevant Section 2.2 of Council’s Development Control Plan No 1 – LGA Wide. No submissions were received in relation to the proposed development.

(d) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

Comment: Not relevant.

In summary, the proposed Section 96 modification satisfies all relevant matters for consideration under this section of the Act.

The proposal has been inspected and assessed against the relevant provisions under Section 79C(1) of the Environmental Planning and Assessment Act 1979.

1. Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012

The land is zoned B1 - Neighbourhood Centre and restaurants and cafes are a permissible use in the zone. The proposal meets the zone objectives.

The only relevant development standard is the height of buildings under clause 4.3 which sets a maximum height of nine (9) metres. The revised plan DA02 J indicates on the south west and north west elevations that the existing parapet height at RL50500 is 9m above existing ground level. The revised plans show the duct work will be at RL50525 (8.8m above ground level at RL41700), the reduced duct work screen will be at RL50600 (8.85m). These are within the Hurstville Local Environmental Plan height limit.

The amended plans DA02 J indicate that the top of the exhaust screen will be at RL51200 (9.5m above ground level), with an exceedance of 500mm. The approximate area of exceedance is shown on plan DA04 C as 1360mm x 1210mm – being 1.65sqm. This is a small area.

HLEP Clause	Standard	Proposed	Complies
4.3	Building Height limit of 9m	The originally lodged plans indicated about 0.80m above the height limit for the screening and exhaust, however the amended plans have reduced the exceedance to 0.50m and over a significantly smaller area of 1.65sqm.	No

The objectives of the clause include:

(a) to ensure that buildings are compatible with the height, bulk and scale of the existing and desired future character of the locality,

(b) to minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development and to public areas and public domain, including parks, streets and lanes,

Under the modifications the building will remain a two (2) storey building. There are two (2) storeyed dwellings opposite on Forest Road. The screening area has been reduced to minimise the bulk of the exceedance whilst minimising the view impact to Forest Road and the dwellings opposite. No loss of solar access or privacy will result.

No clause 4.6 exception was provided with the application to justify the exceedance, but neither is one required for a Section 96 Modification application.

The proposed variation is supported for the following reasons:

· The area of height exceedance is small at 1.65sqmwith a height exceedance of 500mm.

· The exceedance and services are adequately screened on all sides.

· The proposed reduced screen height and area for the exhaust and ducting does not result in any unacceptable view impacts due to the placement set back into the middle of the building roof at 5.44m behind the north western building line which will make it less visible from the street.

2. Draft Environmental Planning Instruments

No draft Environmental Planning Instruments affects the proposed development.

Any other matters prescribed by the Regulations

The Regulations prescribe the following matters for consideration for development in the Hurstville Council area:

Safety standards for demolition and compliance with AS 2601 - 2001 apply to the demolition of any buildings affected by the proposal.

Fire controls are already included in the conditions of consent and will continue to apply to the modified development. These include:

· Prior to the Construction Certificate:

o Condition 20 Fire Safety Measures

o Condition 39 Essential Fire Safety Measures

· Before Occupation

o Condition 84 and 86 Fire safety certificate before occupation or use

· After Occupation/Ongoing conditions

o Condition 94 Annual Fire Safety Statement

3. Development Control Plans

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE

As the proposed modifications relate to the existing shop on the ground floor the development remains generally consistent with the provisions of Development Control Plan No 1 – LGA Wide as detailed in the report for the assessment of the original Development Application 12/DA-63.

There are no relevant provisions to the proposed modification in Development Control Plan No 1 – LGA Wide; however there are provisions in Section 8.4.8.8 and Section 8.4.10 of Development Control Plan No 2 – Hurstville City Centre which are instructive. Section 8.4.8.8 requires kitchen exhausts to be installed in all commercial kitchens with the exhaust hood complying with AS/NZS 1668.1 and AS 1668.2. Section 8.4.10 sets out fire suppression systems required for restaurants and commercial/retail kitchens to protect from the spread of fire. It indicates that a fire suppression system would likely be required by the café, which will form part of the building’s Fire Safety Measures and be included in the premises Fire Safety Statement. Conditions requiring compliance with these matters are already included in the consent.

4. Impacts

Natural Environment

The proposed Section 96 works are not considered to generate any unacceptable natural environment impacts, subject to conditions of consent.

Built Environment

Although the ducting, exhaust and screening will breach the height limit set out in the Hurstville Local Environmental Plan 2012, the extent of the breach is relatively small, being 500mm above the height for a 1.65sqm area. That exceedance is approximately in the middle of the building, hence in the least visible area from the streetscape. The aluminium louvres will shield the duct work and exhaust from view from the streets and from the Forest Road residences.

It is unlikely to create any overshadowing concerns, given that the adjacent residence is to the north east of the proposed works. The proposed works are not considered to generate any unacceptable material built environment impacts subject to conditions of consent.

The applicant has provided a certificate of structural adequacy from Soliman Hanna and Associates indicating that the proposed penetration through the existing concrete slab will not compromise the structural adequacy of the slab.

The duct is proposed to be constructed through common property and over Lot 4’s balcony. The strata corporation and owner of Lot 4 and Lot 1 (on which the café operates) have agreed to pass an exclusive use by-law to take into account the construction, maintenance, repair and compliance of the duct and exhaust. It is recommended that exclusive use by-law be passed and registered if the modification is approved.

The amended plan DA02 J includes the removal of the existing non-compliant duct from the south elevation and make good to the façade and awning.

Social Impact

The proposed Section 96 works are not considered to generate any unacceptable material social impacts.

Economic Impact

The proposed Section 96 works are not considered to generate any unacceptable material economic impacts.

Suitability of the Site

The proposed Section 96 works are considered to be suitable for the site. The proposal will remove an unauthorised and unsightly exhaust and duct system from the southern façade of the building. The proposal does not comply with the height limit set out in the Hurstville Local Environmental Plan 2012 but this is to be screened from view and the size has been reduced to a minimum. It is considered not to result in any unreasonable material impact to the immediate vicinity or beyond.

Unauthorised Works

Unauthorised works comprising ducting and an exhaust system from the southern façade of the café to the roof on the outside of the building have been erected. The proposed modification will enable these works to be removed, whilst retaining the café exhaust system in working order. The plans DA02 J include that the existing non-compliant duct and roof, façade and awning should be made good.

The following comments were received from Council’s Manager Building Control:

At the meeting of Council 18 February 2015 it was resolved:

THAT the intended Order 2(a) under the Environmental Planning & Assessment Act 1979 for the removal of the cafe exhaust duct be served.

FURTHER THAT upon satisfactory completion of the works, a Penalty Infringement Notice be issued to the business owner – development without development consent, corporation Class 2-9 building (code16272 - $3000).

Council then served an Order for the removal of the exhaust stack and in response received a sec96 modification application to the base building application for the exhaust stack to be relocated to the Forest Road elevation. The Order served is being held in abeyance pending the determination of the sec96 modification application.

In the event the application is supported it is recommended that:

· A construction certificate be obtained and works be carried out within a reasonable time (60 Days) or

· Council serve a Modified Order under the EP&A Act to have works carried out in accordance with the sec96 modification approval including conditions, appropriate technical design and certification.

Further that upon satisfactory completion of the works, a Penalty Infringement Notice be issued to the business owner – development without development consent, corporation Class 2-9 building (code16272 - $3000).”

It is recommended that the matter be referred to the Manager Building Control to take appropriate action under Part 6 of the Environmental Planning and Assessment Act 1979 in accordance with Council’s adopted Enforcement Policy.

5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

Adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. No submissions were received.

Council Referrals

Senior Environmental Health and Building Surveyor

The application was referred to Council’s Senior Environmental Health and Building Surveyor who commented:

· The reviewed Mechanical Plan and Engineers Report were examined pursuant to the Environmental Planning and Assessment Regulation 2000 and the Building Code of Australia and found not to be inconsistent with the original DA subject to the original comments and conditions.

· The Environmental Health Officer must comment on the proposed use and associated environmental issues such as noise.

· The completed mechanical exhaust installation should be inspected and certified by an accredited building surveyor or qualified engineer as compliant with the Building Code of Australia and Australian Standards highlighted in the report by Grosvenor Engineering Group dated 20 April 2015.

· Remediation works are necessary to the existing façade after removal of the non-compliant ducting.

Environmental Health Officer

The application was referred to Council’s Environmental Health Officer who recommended noise certificates and reports prior to Construction Certificate, and Occupation Certificate and within three (3) months to ensure compliance with noise controls.

External Referrals

None

6. CONCLUSION

The Section 96(1A) proposal has been considered on its merits and is considered to be acceptable for the reasons contained within this report. The proposal is considered to be reasonable given that the objectives of the controls have been satisfied, and noise controls have been incorporated within the conditions of consent. The unauthorised works are indicated on the plans to be removed and remediation made to the building.

DETERMINATION

Pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act, as amended, development consent 12/DA-63 granted on 31 July 2012 for the demolition of existing building – construct two storey building with two shops on ground floor and two x two bedroom units on first floor, plus strata subdivision on Lot A DP 408478 and known as 12 Park Street Peakhurst is amended in the following manner:

1. OC1 - Act, Regulations and Environmental Planning Instruments Prevail - This modification to original Development Consent No. 12/DA-63 endorsed 31 July 2012 is granted subject to compliance with the relevant requirements of the Environmental Planning and Assessment Act 1979 as amended ("the Act"), the Environmental Planning and Assessment Regulation 2000 ("the Regulation"), the Building Code of Australia ("the BCA"), Hurstville City Council's ("the Council's") Local Environmental Plan 1994, Development Control Plan No. 1 (Hurstville LGA Wide DCP) or Development Control Plan No. 2 (Hurstville City Centre) as applicable, and any applicable codes, except if varied by this consent.

2. OC2 - Approved Plans - The development shall be carried out in accordance with the details set out on the application form, supporting information received with the application and the schedule of plans and details below, except as amended by the conditions of this consent. A copy of the plans is stamped approved, and attached to this consent.

Plan Number	Plan Date	Description	Prepared By
M808-M01	20.04.2015	Mechanical Ventilation – Revised route for kitchen exhaust hood ductwork	Grosvenor Engineering Group
	09.06.15	Certificate of Design for Mechanical Services	Grosvenor Engineering Group
DA02 Rev J	18/06/15	Elevations & Section	BG Architects
DA04 Rev C	18/06/15	Roof Plan & 3D View	BG Architects

DA01	01/30/13	Floor Plans	Barrelle Guirguis Architects
DA00 Rev A	3 Jan 12	Floor Plans	BG Architects
DA01 Rev A	3 Jan 12	Site and Site Analysis Plan	BG Architects
~~DA02 Rev A~~	~~3 Jan 12~~	~~Elevations~~	~~BG Architects~~
DA05 Rev A	3 Jan 12	Strata Subdivision	BG Architects
	22 Feb 12	Arborist Report	Jacksons Nature Works
415985S	1 Mar 12	BASIX Certificate	BG Architects

(This condition is amended as part of MOD2015/0043 (12/DA-63))

3. The proposal must comply with the provisions of the Building Code of Australia. However, if this requires any changes to the external portion of the building it may require a Section 96 Modification to be lodged and approved with Council, prior to the issue of the Construction Certificate.

4. OC3 - Amenity - The implementation of this development shall not adversely affect the amenity of the neighbourhood by way of the emission or discharge of noise, vibrations, fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or other harmful products.

5. OC4 - Prescribed Conditions - This development consent is subject to the conditions as prescribed pursuant to Section 80 A(11) and Section 85A(6)(a) of the Environmental Planning and Assessment Act 1979 and Clauses 98-98E of the Environmental Planning and Assessment Amendment Regulation 2000.

Erection of Signs

(1) A sign must be erected in a prominent position on any work site on which building work, subdivision work or demolition is being carried out:

(a) showing the name, address and telephone number of the principal certifying authority for the work

(b) showing the name of the principal contractor (if any) for any building work and a telephone number at which that person may be contacted outside working hours

(2) Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, and must be removed when the work has been completed.

(3) This clause does not apply to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.

(4) These signage requirements do not apply to in relation to Crown building work that is certified to comply with the technical provisions of the State's building laws.

6. HOl - Hoardings

(a) A separate Development Consent for the erection of an A class (fence type) or B class (overhead type) hoarding along the street frontage(s) complying with WorkCover requirements must be obtained;

(b) The payment to Council of a footpath occupancy fee based on the area of footpath to be occupied and Council's Schedule of Fees and Charges (available on our website) before the commencement of work; and

(c) A Public Risk Insurance Policy with a minimum cover of $10 million in relation to the occupation of and works within Council's road reserve, for the full duration of the proposed works, must be obtained a copy provided to Council. The Policy is to note Council as an interested party. The copy is to be provided to Council before the issue of the Construction Certificate.

7. MI130.1 - Slip Resistance - All pedestrian surfaces in areas such as foyers, public corridors/hallways, stairs and ramps as well as floor surfaces in the wet rooms in any commercial/retail/residential units must have slip resistance classifications, as determined using test methods in either wet or dry conditions, appropriate to their gradient and exposure to wetting. The classifications of the new pedestrian surface materials, in wet or dry conditions, must comply with AS/NZS4586:2004 - Slip Resistance Classifications of New Pedestrian Materials.

Note: SAA/SNZ Handbook 197:1999 - An Introduction Guide to the Slip Resistance of Pedestrian Surface Materials may assist in the use of AS/NZS 4586:2004.

To Obtain a Construction Certificate

8. The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:

(a) Fees to be paid to Council:

Schedule of fees, bonds and contributions

Fee Type	Paid	Fee Type	Amount	Receipt Date	Receipt No
Development Application Fee	X	DA1	$1,715.00	2 Mar 12	363147
Plan First Fee	X	AP35	$505.60	2 Mar 12	363147
Notification Fee	X	AP12	$213.21	2 Mar 12	363147
Imaging Fee	X	AP165	$165.83	2 Mar 12	363147
DA Advertising Fee	X		$1,105.00	2 Mar 12	363147
Long Service Levy		AP34	$2,765.00
Builders Damage Deposit		BON2	$3,750.00
Inspection Fee for Refund of Damage Deposit		DA6	$130.00
Subdivision Application Fee	X		$590.00	2 Mar 12	363147
Subdivision Certificate Fee			$650.00
S94 - Open Space & Community Recreation		CONT9	$12,918.00
S94 - Community Services & Facilities		CONT3	$6,820.00
S94 - Drainage Services - Georges River		CONT5	$844.97
S94 - Management		CONT8	$503.00
S94 - Library Infrastructure		CONT7	$3,482.00
S94 - Library Bookstock		CONT4	$19.60

The following fees apply where you appoint Council as your Principal Certifying Authority (PCA). (If you appoint a private PCA, separate fees will apply)

PCA Services Fee	DA6	$3,104.16
Construction Certificate Application Fee	CC1	$2,065.45
Construction Certificate Imaging Fee	AP165	$172.00

Fees and charges above are subject to change and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government Authorities, applicable at the time of payment.

9. BI1 - Building Code of Australia (“BCA”) - A Construction Certificate must be obtained before the commencement of work from Council or an Accredited Certifier. Detailed plans and specifications for the proposed building must demonstrate compliance with the BCA.

10. BI2 - Long Service Leave Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.

11. BDI - Damage to Council Property - In order to insure against damage to Council property the following is required:

(a) Payment to Council of a Damage Deposit for the cost of making good any damage caused to any Council property as a result of the development: $3,750.00.

(b) Payment to Council of a non-refundable Inspection Fee to enable assessment of any damage and repairs where required: $130.00.

(c) At the completion of work Council will inspect the public works, and the damage deposit will be refunded in full upon completion of work where no damage occurs. Otherwise the amount will be either forfeited or partly refunded according to the amount of damage.

(d) Prior to the commencement of work a photographic record of the condition of the Council nature strip, footpath and driveway crossing, or any area likely to be affected by the proposal, shall be submitted to Council.

(e) Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.

12. S942 - Open Space and Community Recreation - Pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979, payment shall be made to Council of a monetary contribution for open space and community recreation facilities.

The contribution relates to Plan no. 2 and is based on the criteria that any development which results in a nett increase in the City's population will create extra demand on open space and community recreation facilities. Therefore the requirement for additional open space and embellishment of existing open space is a direct measurable consequence of the approved development.

The total open space and community recreation facilities contribution required and payable before release of the Construction Certificate is $12,918.00.

13. S943 - Drainage Services within Georges River Catchments - Pursuant to Section 94 (1) of the Environmental Planning and Assessment Act, 1979 payment shall be made to Council of a monetary contribution for the provision of drainage services. The contribution is related to Plan no. 3 and is based on the criteria that any development which results in a nett gain of people living in the City or a change in the population structure will create extra demand on drainage services.

The contribution rate for Georges River Catchments is $2.76 per square metre of gross land area of the subject site.

The total drainage services contribution required and payable before release of the Construction Certificate is $844.97.

14. S944 - Community Services and Facilities - Pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979, payment shall be made to Council of a monetary contribution for community services and facilities. The contribution relates to Plan no. 4 and is based on the criteria that any development which results in a nett gain of people living in the City or a change in the population structure will create extra demand on community services and facilities.

The total community services and facilities contribution required and payable before release of the Construction Certificate is $6,820.00.

15. S945 - Management - Pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979, payment shall be made to Council of a monetary contribution for Section 94 planning and management.

The contribution is related to Plan no. 5 and is based on the criteria that the significant costs to Council associated with Section 94 planning and management are a direct measurable consequence of the approved development. Therefore it is appropriate to seek to partly offset these costs from the development.

The total Section 94 Management contribution required and payable before release of the Construction Certificate is $503.00.

16. S946 - Library and Information Services - Pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979, payment shall be made to Council of a monetary contribution for library and information services.

The contribution is related to Plan no. 6 and is based on the premise that any development which results in a nett increase in the City's population will create extra demand on Council's library and information services provision. Furthermore, any such development will also generate an additional demand for the acquisition of library book stock.

Contributions are also sought from retail/commercial development within the Hurstville Town Centre, as defined by the map in the Plan.

(a) The contribution rate for residential development is $3,482.00.

(b) The book stock acquisition contribution for residential development is $19.60.

The total Library and Information Services Section 94 contribution required and payable before release of the Construction Certificate is $3,501.60.

17. S948 - Indexing of all Section 94 Contributions - All contributions payable pursuant to Section 94 conditions must be paid before issue of the Construction Certificate, and will be indexed quarterly in accordance with the Consumer Price Index - Sydney All Groups, published by the Australian Bureau of Statistics. You must contact Council prior to payment to determine whether the contribution(s) amount is varied from that indicated in the consent due to adjustments to the Consumer Price Index – Sydney All Groups, as published by the Australian Bureau of Statistics. If you engage an accredited certifier payment(s) must be made before issue of the Construction Certificate. Failure to do so can result in problems including incorrect cheque preparation, return of payment, and delay in obtaining your Construction Certificate.

18. SM3 - Construction Management Plan - Submit to the Principal Certifying Authority a Construction Management Plan that clearly sets out the following:

(a) What actions and works that are proposed to ensure safe access to and from the site, and what protection will be provided to the road and footpath area from building activities, crossings by heavy equipment, plant and materials delivery, or static loads from cranes, concrete pumps and the like.

(b) The proposed method of loading and unloading excavation machines, building materials, formwork, and the erection of any part of the structure within the site.

(c) The proposed areas within the site to be used for a builder's site office and amenities, the storage of excavated material, construction materials and waste containers during the construction period.

(d) How it is proposed to ensure that soil/excavated material is not transported on wheels or tracks of vehicles or plant and deposited on surrounding roadways.

(e) The proposed method of support to any excavation adjacent to adjoining properties, or the road reserve - the proposed method of support is to be designed by a Chartered Civil Engineer with National Professional Engineering Registration 3 (NPER3) in structural design.

(f) A Soil and Water Management Plan detailing all sedimentation controls.

19. ST1 - Structural details - Structural plans and specifications prepared and endorsed by a suitably qualified practising structural engineer who holds the applicable Certificate of Accreditation as required under the Building Professionals Act 2005 shall be submitted along with the Construction Certificate application to the Certifying Authority for any of the following, as required by the building design:

(a) piers

(b) footings

(d) columns

(e) structural steel

(f) reinforced building elements

(g) retaining walls

(h) stabilizing works

(i) structural framework

20. IN3 - Fire Safety Measures - Prior to the issue of a construction certificate a list of the essential fire safety measures that are to be provided in relation to the land and any building on the land as a consequence of the building work must accompany an application for a construction certificate, which is required to be submitted to either Council or a Certifying Authority. Such list must also specify the minimum standard of performance for each essential fire safety measure included in the list. The Council or Certifying Authority will then issue a Fire Safety Schedule for the building.

21. MI131 - All building materials shall be compatible in colour and texture throughout the whole project and materials and colours shall accord with a schedule to be submitted with the Construction Certificate. Roof materials and finishes are to be of low reflectivity. A schedule of finishes is to be submitted to Council or the Principal Certifying Authority to demonstrate compliance with this condition.

22. PN10 - The site is not to be filled or excavated other than as strictly indicated on the approved plans.

23. Alignment Levels - An application must be submitted to Council to obtain footpath alignment levels for the whole frontage/s of the site in Park Street and Forest Road together with vehicular crossing levels before designing internal accesses, driveways and car parking. Evidence that the proposed internal accesses, driveway design complies with Council's issued levels and certification that AS/NZS2890.1-2004 has been adhered to shall be submitted with the Construction Certificate application.

24. Dilapidation Reports on the adjoining properties are to be undertaken. This must be submitted to the Certifying Authority and the adjoining residents as part of the application for the Construction Certificate. Adjoining residents are to be provided with the report five (5) working days prior to any works on the site.

25. SM2 - Vibration Damage - To minimise vibration damage and loss of support to the buildings in close proximity to the development, any excavation is to be carried out by means of a rock saw and if available, in accordance with the guidelines of the Geotechnical Engineer’s report .

Alternatively where a hydraulic hammer is to be used within 30 metres of any building (other than a path or a fence) a report from a qualified geotechnical engineer detailing the maximum size of hammer to be used is to be obtained and the recommendations in that report implemented during work on the site. The report shall be submitted with the Construction Certificate application.

26. PN11 - Details of all proposed retaining walls, including height, materials, finish and structure, must be submitted with the Construction Certificate Application.

27. PW1 - The developer must ensure that appropriate dust suppression measures are installed / utilised during the periods of excavation/placement of fill/construction. Details of the means of dust suppression must be submitted with the Construction Certificate application.

28. PW4 - The developer must take all measures available to control the emission of dust from the site and in this regard adequate watering equipment acceptable to Council shall be used on the site at all times other than in wet weather. The developer must ensure that the contractor is able to control emission of dust from the site on weekends when windy conditions prevail. Details to be submitted with the Construction Certificate application.

29. PW5 - The developer must submit a site works plan detailing sedimentation controls, fencing, builder’s site sheds office and amenities, materials storage and unloading arrangements with the Construction Certificate application. This is required before the commencement of any work on-site, including demolition.

30. DR11 - Stormwater drainage plans - Stormwater drainage plans including pipe sizes, type, grade, length, invert levels, dimensions and types of drainage pits prepared by a qualified practising hydraulics engineer in accordance with the Australian Institute of Engineers Australian Rainfall and Runoff (1987) and Council's Stormwater Drainage Guidelines, shall accompany the application for the Construction Certificate.

31. DR13 - All stormwater shall drain by gravity to Council's kerb and gutter.

32. FP3 - Trade Waste - A Trade Waste Agreement with Sydney Water must be obtained. If no trade waste agreement or grease trap is required, a letter from Sydney Water is to be submitted to Council to this effect. A copy of the Trade Waste Agreement or letter to Council shall be provided before the issue of the Construction Certificate.

33. RRl - Access Levels - An access levels application must be submitted to Council to obtain footpath alignment levels and vehicle crossing levels before designing internal driveways and car parking. Evidence that the proposed internal driveway design complies with Council's issued levels and general access standards shall be submitted with the Construction Certificate application.

34. PU11 - Water, Waste Water, Electricity, Gas and Telecommunications - Arrangements are to be made with utility authorities in respect to the services supplied by those authorities to the development. The cost associated with the provision or adjustment of services within the road and footway areas is to be at the developer’s expense.

35. WA10 - A detailed Waste Management Plan must be provided with the application for the Construction Certificate, indicating how waste generated from the end use is proposed to be managed.

36. WA9 - Arrangements must be made for the collection, storage and disposal of all waste materials in an approved container, to the satisfaction of the Principal Certifying Authority.

37. Access and sanitary facilities for persons with disabilities must be provided to the ground floor shop in accordance with the requirements of the Building Code of Australia, AS 1428.1 and the Disability Discrimination Act. Details must be submitted with the Construction Certificate Application.

38. Stormwater drainage plans prepared by a qualified practising hydraulic engineer, including details of drainage from the light well, must be submitted to the Principal Certifying Authority. Details must be submitted with the Construction Certificate application.

39. EF1 - Essential fire safety measures - A list of the Essential Fire Safety Measures that include existing and/or proposed measures is to be provided in relation to the land/building. The list must also specify the minimum standard of performance for each measure. The list shall accompany the application for a Construction Certificate.

40. A Report by a Registered Surveyor should accompany the application for the Construction Certificate to verify the positions of any proposed external walls in regards to the sites boundaries and Party Wall cross easements.

41. Prior to the issue of the Construction Certificate, a certificate of adequacy from a practicing structural engineer must be submitted to the Principal Certifying Authority certifying the adequacy and structural stability of the existing building/shop to support the additional super imposed loads of the proposal. The method of demolition and structural support of the existing shop walls and structure should also be detailed.

41A. CC4007 - Health - Acoustic Certification – Rooftop Mechanical Equipment - The Construction Certificate plans must be accompanied by a certificate from a professional acoustic engineer certifying that noise from the operation of mechanical plant and equipment will not give rise to offensive noise as defined under the provision of the Protection of the Environment Operations Act 1997 (as amended) and will comply with the noise intrusion criteria as defined under the NSW Industrial Noise Policy published by the Environment Protection Authority. If sound attenuation is required, this must be detailed on the plans lodged with the Construction Certificate.

(This condition is added as part of MOD2015/0043 (12/DA-63))

Before Commencing the Development

42. IN3 - Appointment of Principal Certifying Authority - No work shall commence in connection with this Development Consent until;

(a) a construction certificate for the building work has been issued by:

(i) the consent authority; or

(ii) an accredited certifier; and

(b) the person having the benefit of the development consent has appointed a principal certifying authority for the building work; and

(i) notified Council of his or her appointment;

(ii) notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are required to be carried out in respect of the building work; and

(d) the person having the benefit of the development consent has:

(i) appointed a principal contractor for the building work who must be the holder of a contractor license for the residential building work involved;

(ii) notified the principal certifying authority of any such appointment, and

(iii) unless that person is the principal contractor, notified the principal contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work; and

(e) the person having the benefit of the development consent has given at least 2 days’ notice to the Council of the person's intention to commence the erection of the building.

43. BC1 - Construction Certificate - No work shall commence until you:

(a) Obtain a Construction Certificate from either Hurstville City Council or an Accredited Certifier - a fee applies for this service; and

(b) Lodge with Hurstville City Council any Construction Certificate obtained from an Accredited Certifier (together with associated plans and documents) - a fee applies for this service.

44. BC2 - Notice of Commencement - No work shall commence until you submit a Notice of Commencement (form attached or available from our website) giving Council:

(a) Not less than two (2) days’ notice of the date on which it is proposed to commence work associated with this Development Consent.

(b) Details of the appointment of a Principal Certifying Authority (either Hurstville City Council or an Accredited Certifier).

Note: If the Principal Certifying Authority is the Council, the nomination will be subject to the payment of a fee for the service to cover the cost of undertaking all necessary inspections and the issue of the appropriate certificates.

45. PU1.1 - Sydney Water - Access to Water and Waste Water Services - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

Application must be made through an authorised Water Servicing Co-ordinator. Please refer to the Building and Developing section of the web site www.sydneywater.com.au.html then refer to "Water Servicing Co-ordinator" under "Developing Your Land" or telephone 13 20 92 for assistance.

Following application a "Notice of Requirements" will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Co-ordinator, as it can take some time to build water/sewer pipes and this may impact on other services and building, driveway or landscape design.

The Notice of requirements must be submitted prior to the commencement of works.

46. PU2 - Sydney Water - The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water's assets, sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped. A copy of the Sydney Water Quick Check approval is to be submitted to Council.

Please refer to the web site www.sydneywater.com.au for:

· Quick Check agents details - see Building and Developing then Quick Check; and

· Guidelines for Building Over/Adjacent to Sydney Water Assets - see Building and Developing then Building and Renovating.

or telephone 13 20 92.

47. MI129 - Dilapidation Report - A Dilapidation Report on the adjoining properties detailing the existing condition of any existing walls, paths and fences, with photographs must be submitted to the Principal Certifying Authority before the commencement of work.

48. BC3 - Site Safety Fencing - Erect site fencing complying with WorkCover Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling. The fencing must be erected before the commencement of any work and maintained throughout any demolition and construction work.

49. BC4 - Principal Certifying Authority (PCA) Sign - A sign must be erected in a prominent position on the site indicating that entry to the site by unauthorised persons is not permitted, and including the contact details of the PCA. Where Council is the PCA, a sign may be obtained at no cost from Council's Customer Service Centre. A PCA sign must be erected on the site before the commencement of any work.

50. PW2 - The developer must ensure that sediment-laden runoff from the site is controlled at all times subsequent to commencement of construction works. Sediment control measures must be maintained at all times and checked for adequacy at the conclusion of each day's work.

51. ES1 - Erosion and Sedimentation Controls - Erosion and sedimentation controls must be provided to ensure:

(a) compliance with the approved Soil and Water Management Plan

(b) removal or disturbance of vegetation and top soil is confined to within 3m of the approved building area (no trees to be removed without approval)

(d) silt fences or other devices are installed to prevent sediment and other debris escaping from the cleared or disturbed areas into drainage systems or waterways

(e) all erosion and sediment controls are fully maintained for the duration of demolition/ development works

(f) controls are put into place to prevent tracking of sediment by vehicles onto adjoining roadways

(g) all disturbed areas are rendered erosion-resistant by turf, mulching, paving or similar

(h) all water pumped or otherwise removed from excavations or basement areas is filtered to achieve suspended solids/non filterable residue levels complying with the Australian Water Quality guidelines for Fresh and Marine Waters

(i) pumped or overland flows of water are discharged so as not to cause, permit or allow erosion

(j) compliance with the Do it Right on Site brochure requirements publicized by SSROC

before the commencement of work (and until issue of the Occupation Certificate).

52. RR2 - Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the Roads and Traffic Authority, in the case of State roads, for every opening of the public road to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road.

53. ST2 - Engineer's certificate - A certificate from a practicing qualified Structural Engineer certifying the structural adequacy of the existing structure, to support all proposed additional superimposed loads shall be submitted before the commencement of work.

54. The 'No Stopping' sign in Forest Road shall be relocated with the consent and requirements of Council’s Traffic Manager, if necessary, for the construction of the proposed vehicle crossing.

55. Prior to demolition the existing building, a dilapidation report and a structural engineers certificate prepared by a qualified and practising structural engineer must be submitted detailing and certifying the structural adequacy of the existing immediate adjoining building at 8 Park Road Peakhurst. All recommendations of the engineer must be implemented and are taken to form part of the Development Consent.

56. Prior to the commencement of work above ground level a ‘B’ and or ‘C’ Class hoarding, in accordance with the requirements of Work Cover Authority of NSW, must be erected along that portion of the footways/roadway where the building is within 3.0 metres of the boundary. An application for this work under Section 68 of the Local Government Act 1993 and the Roads Act 1993 must be submitted for approval to Council and be accompanied by:

a) Detailed plans of the hoarding that are certified by an appropriately qualified engineer; and

b) The payment to Council of a footpath occupancy fee based on the area of footpath to be occupied and Council's Schedule of Fees and Charges (available on our website) before the commencement of work; and

c) A Public Risk Insurance Policy with a minimum cover of $10 million in relation to the occupation of and works within Council's road reserve, for the full duration of the proposed works, must be obtained a copy provided to Council. The Policy is to note Council as an interested party.

During the Development

57. IN3 - The Principal Certifying Authority must carry out the last critical stage inspection and, as well, the Principal Certifying Authority, or another certifying authority, must carry out all other critical stage inspections, as are prescribed in the Environmental Planning and Assessment Regulation, 2000, together with the inspections required by the principal certifying authority and the undermentioned inspections:

(a) All structural inspections,

(b) All inspections necessary to determine that the appropriate conditions attached to this consent have been complied with, and

Where Council has been appointed as the principal certifying authority, a PCA Services Fee will be paid in accordance with the Schedule of Fees and Charges. Forty-eight (48) hour notice in writing, or alternatively twenty-four (24) hour notice by facsimile or telephone, must be given to Council when specified work requiring inspection has been completed.

58. DD2 - Registered Surveyor's Report - Submit to the Principal Certifying Authority During Development Work

A Registered Surveyor's Report must be submitted to the Principal Certifying Authority at each of the following applicable stages of construction:

(a) Floor slabs or foundation wall, before formwork or commencing brickwork.

(b) Completion of Foundation Walls - Before any construction of flooring, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans.

(c) Completion of Floor Slab Formwork - Before pouring of concrete/walls construction, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans. In multi-storey buildings a further survey must be provided at each subsequent storey.

(d) Completion of any Roof Framing - Before roof covered detailing eaves/gutter setback from boundaries.

(e) Completion of all Work - Detailing the location of the structure (including eaves/gutters) relative to adjacent boundaries and its height relative to the datum shown on the approved plans. A final Check Survey must indicate the reduced level of the main ridge.

(f) Other.

Work must not proceed beyond each stage until the Principal Certifying Authority is satisfied that the height and location of the building is proceeding in accordance with the approved plans.

59. PN1 - Hours of Operation for Building and Demolition Work - Work in connection with the proposed development or building that involves the demolition of any existing buildings, any excavation or earthworks, the depositing of materials on the site, the removal of spoil and materials from the site or the erection of the building that requires the use of any tools (including hand tools) or any power operated plant or machinery that creates noise on or adjacent to the site shall only be performed between the hours of 7.00 am and 5.00 pm, Monday to Saturday inclusive. No work is to take place on Sundays, Good Friday, Christmas Day, and any public holiday.

Additionally, construction work on all buildings (except that on single dwelling houses and associated structures on the site of a single dwelling house) is prohibited on Saturdays and Sundays on weekends adjacent to a public holiday.

A Penalty Infringement Notice may be issued for failure to comply with this condition.

60. MI130.2 - Slip Resistance - Details relating to the type of pedestrian surface materials to be used in areas such as the foyers, public corridors/hallways, stairs and ramps as well as the floor surfaces in wet rooms in any commercial/retail/residential units, the location of each type of surface material, the slip resistance classifications of those materials as determined through test methods using wet or dry conditions, and verification by way of, for example, copies of test reports issued by the CSIRO, that the pedestrian surface materials comply with AS/NZS 4586:2004 must be submitted to either Council or accredited certifier before installation of such materials.

61. BC5 - Bulk Excavation or Filling Levels - The bulk excavation or filling levels for footings or slabs, when placed, shall not exceed the levels as required by this consent. A surveyor's certificate verifying compliance with this condition must be submitted before placement of concrete in footings or slabs.

62. DE4 - Ground Levels - The ground levels of the site shall not be raised, or retaining walls constructed on the allotment boundary, except where indicated on approved plans or approved separately by Council.

63. MI1 - The street number of the property, according to its rateable address indicated in Council's records, must be clearly displayed on the front of the building, front fence or the like.

64. MI7 - The shop number, at least 50mm high, must be clearly displayed adjacent to the entry door to each shop/unit.

65. MI25 - Balcony Drainage - The floors of the balconies must be graded and drained to a grated inlet and connected to the stormwater drainage system.

66. MI16 - No goods shall be stored or displayed outside the building.

67. MI17 - A separate Development Consent shall be obtained for the first commercial / retail / office use of each occupancy.

68. ZC2 - Only signage that is exempt under Council's Development Control Plan or has consent from Council may be affixed to the building. All signage must comply with Council's Development Control Plan. In particular:

(a) window signs should be on the inside of the glass and must not cover more than one half of the window

(b) if a language other than English is used on the sign, there must be an accurate English translation in lettering of at least the same size

(d) signs, posters or notices must not be glued to any part of the exterior of the building

69. PV4 - All access driveways, queuing areas, ramps, gradients and the like for parking areas must be constructed in accordance with the provisions of Council's Development Control Plan, except where otherwise approved by Council.

70. RR8 - Any existing vehicular crossing and/or layback which is redundant must be removed, and the kerb, any other footpath and turf is to be restored at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works. The work may be carried out by a private contractor, subject to Council approval.

71. RR9 - Any utilities/services/drains/power poles that require relocating or altering as a result of construction of the vehicular crossing to Council’s issued levels and/or Council’s standard shape, is to be done in accordance with the requirements of the relevant service/utility and at the expense of the beneficiary of this consent.

72. MI21 - All enclosed and unrestricted car parking spaces, internal driveways and the like, shall be designed to conform with Council's Development Control Plan. Regard shall be given to the crossfall, in longitudinal profile, of the footpath in the design of footpaths.

73. MI21.1 - Internal Driveways - Internal driveways, entered from the footpath, shall be designed to conform with Council's Development Control Plan. Regard shall be given to crossfall, in longitudinal profile, of the footpath in the design of footpaths

74. PV1 - Linemarking and Numbering - All car parking spaces are to be sealed, graded, drained, clearly linemarked, and numbered.

75. PN4 - Offensive Noise Generally - The use of the premises, building services, equipment, machinery and ancillary fittings must not give rise to offensive noise as defined under the Dictionary of the Protection of the Environment Operations Act 1997.

76. Noise levels emitted from the mechanical exhaust system or any outdoor air conditioning unit must not exceed 5dB(A) above the background noise level when measured at any point on the boundary of the site.

77. PA3 - Prohibition of Burning Off - No article, material or the like shall be ignited or burnt whatsoever on or in association with the work on the site.

78. PW3 - The developer must remove any material deposited on public roads, adjacent to the site, resulting from construction/subdivision works, immediately it occurs and as directed by Council.

79. DE5 - The footpath and roadway shall be kept clear of obstructions, building materials, and liquid or solid waste of any type whatsoever at all times. Severe fines apply for an offence and where Council makes repairs or provides temporary public safety measures. The cost of these works may be deducted from the damage deposit.

80. RR6 - Obstruction of Road or Footpath - The use of the road or footpath for the storage of any building materials, waste materials, temporary toilets, waste bins or any other matter is not permitted unless approved in accordance with Council's Waste Skip Bin Policy. A Penalty Infringement Notice may be issued for any offence. A severe penalty applies.

81. RR7 - Maintenance of Road and Footpath - During construction, the footpath and road are to be maintained in a condition which prevents any trip or safety hazard to pedestrian or vehicular traffic.

Before Occupation

82. BO1 - Occupation - The building must be completed, all conditions of Development Consent complied with, and an Occupation Certificate issued by the Principal Certifying Authority before commencement of the use and/or occupation of the building and before issue of the Occupation Certificate.

83. Occupation Certificate (Class 1 to 10 buildings inclusive) - The building must not be occupied or used until an occupation certificate is issued by the principal certifying authority appointed for the erection of the building.

Prior to the issue of the occupation certificate the principal certifying authority for the building work to be carried out on the site must be satisfied that:

(a) any preconditions required by the development consent to be met have been met; and

such building work has been inspected by that principal certifying authority, or, in the case of all inspections other than the last critical stage inspection, by another certifying authority, on such occasions as are prescribed in the Environmental Planning and Assessment Regulation, 2000, and on such other occasions as may be required by the principal certifying authority and the conditions required by this development consent.

84. IN3 - Fire safety certificate before occupation or use - Prior to the issue of an occupation certificate the owner of the building must issue a final fire safety certificate and must cause a copy of that final fire safety certificate to be given to the principle certifying authority issuing the occupation certificate. The final fire safety certificate must be issued to the effect that each essential fire safety measure specified in the fire safety schedule for the building to which the certificate relates:

(a) has been assessed by a properly qualified person, and

(b) was found, when it was assessed, to be capable of performing to at least a standard required by the current fire safety schedule for the building for which the certificate is issued.

Note: The owner of the building:

(a) must cause a copy of the final fire safety certificate (together with a copy of the current fire safety schedule) to be given to the Fire Commissioner, and

(b) must cause a further copy of the final fire safety certificate (together with a copy of the current fire safety schedule) to be prominently displayed in the building.

85. MI130.3 - Slip Resistance - At completion of work an in-situ (on-site) test, in wet and dry conditions, must be carried out on the pedestrian floor surfaces used in the foyers, public corridors/hallways, stairs and ramps as well as the floor surfaces in wet rooms in any commercial/retail/residential units to ascertain the actual slip resistance of such surfaces taking into consideration the effects of grout, the gradients of the surface and changes from one material to another. The in-situ test must be carried out in accordance with AS/NZS 4663:2002. A Compliance Certificate must be submitted to either the Council or accredited certifier detailing the results of the slip resistance measurements and that the pedestrian floor surfaces comply with AS/NZS 4586:2004 before occupation.

86. EF2 - Fire safety certificate before occupation or use - Before issue of the Occupation Certificate, the owner must cause the Council to be given a fire safety certificate and must cause a copy of that fire safety certificate to be given to the principal certifying authority issuing the Occupation Certificate. The fire safety certificate must be issued to the effect that each essential fire safety measure specified in the fire safety schedule for the building to which the certificate relates.

87. PU1.2 - Sydney Water - Access to Water and Waste Water Services - The Section 73 Certificate must be submitted to the Principal Certifying Authority before occupation of the development/release of the plan of subdivision.

88. PU3 - Sydney Water - Trade Waste Water - Trade waste water must be disposed of in accordance with the requirements of Sydney Water. For more details visit www.sydneywater.com.au or call 13 20 92. A copy of the trade waste water agreement must be provided to the Principal Certifying Authority before the issue of the Occupation Certificate.

89. BAI - BASIX - All energy efficiency measures as detailed in the BASIX Certificate No. 415985S dated 1 March 2012, and in the plans approved with the Development Consent, must be implemented before issue of the Occupation Certificate.

90. WA7 - All rubbish and waste materials on-site must be removed before occupation of the premises/commencement of the approved activity.

91. PV17 - Removal of Redundant Crossings and Restoration of Kerb/Gutter/Footpath - Any existing vehicular crossings which are redundant must be removed, and the kerb (and any footpath) restored at your expense, by either prepayment to Council to:

(a) (i) Infill the footpath areas between the existing kerb and the existing concrete footpath with a 80mm think concrete for the full frontage of the site in Forest Road.

(ii) Infill the footpath area between the new building wall and the existing concrete footpath with 80mm thick concrete for the full frontage of the site in Forest Road and Park Street

(b) Construct a 150mm thick concrete crossing reinforced with F72 fabric.

Council will provide a quote for this work upon request.

or alternatively:

A private contractor may carry out above work subject to:

(a) Council's conditions and specifications, including payment of asphalt infill repairs.

(b) Payment of Council's administration fee listed in our Schedule of Fees and Charges

The work must be complete before the issue of an Occupation Certificate.

92. The proposed structure must be constructed in accordance with details designed and certified by the practising qualified structural engineer. In addition, a Compliance or Structural Certificate to the effect that the building works have been carried in accordance with the structural design, must be submitted to the Principal Certifying Authority prior issue of the Occupation Certificate.

93. The proposed addition and structure must be constructed in accordance with details designed and certified by the practising qualified structural engineer. In addition, a Compliance or Structural Certificate, to the effect that the building works have been carried in accordance with the structural design, must be submitted to the Principal Certifying Authority prior issue of the Occupation Certificate.

93A. OCC4006 - Health - Noise from Mechanical plant and equipment - Noise from the operation of mechanical, equipment, ancillary fittings, machinery, mechanical ventilation system and / or refrigeration systems must not give rise to offensive noise as defined under the Protection of the Environment Operations Act 1997 (as amended) and must comply with the noise intrusion criteria as defined under the NSW Industrial Noise Policy published by the Environment Protection Authority.

A professional acoustic engineer shall be engaged to provide an acoustic report stating that the design and construction of all sound producing plants and equipment associated with the exhaust ventilation system complies with the above requirements. The acoustic report shall be submitted to the Principal Certifying Authority prior to the issue of any Occupation Certificate.

(This condition is added as part of MOD2015/0043 (12/DA-63))

93B. OCC2009 - Development Assessment – Demolition of unauthorised works - The unauthorised duct and exhaust system must be demolished and the roof, façade and awning made good prior to the issue of the Occupation Certificate.

(This condition is added as part of MOD2015/0043 (12/DA-63))

After Occupation/Ongoing Conditions

94. EF3 - Annual Fire Safety Statement - The owner of the building must issue an annual fire safety statement in respect of each essential fire safety measure in the building premises and cause a copy of that statement to be given to Council prior to or upon the due date for lodgement as required by Council.

The annual fire safety statement must be to the effect that:

(a) in respect of each essential fire safety measure, such measure has been assessed by a properly qualified person and was found, when it was assessed, to be capable of performing:

(i) in the case of an essential fire safety measure applicable by virtue of a fire safety schedule, to a standard no less than that specified in the schedule, or

(ii) in the case of an essential fire safety measure applicable otherwise than by virtue of a fire safety schedule, to a standard no less than that to which the measure was originally designed and implemented, and

(b) the building has been inspected by a properly qualified person and was found when it was inspected to be in a condition that did not disclose any grounds for a prosecution under Part 9, Division 7 of the Environmental Planning and Assessment Regulation, 2000.

The owner of the building must also cause a copy of the statement (together with a copy of the current fire safety schedule) to be given to the Fire Commissioner and as well cause a further copy of the statement (together with a copy of the current fire safety schedule) to be prominently displayed in the building.

95. MI130.4 - Slip Resistance - The pedestrian surface materials in the foyers, public corridors/hallways, stairs and ramps as well as the floor surfaces in wet rooms in any commercial/retail/residential units must be maintained on a regular basis which must include, as part of the maintenance programme, inspections and testing of the floor surfaces which must be carried out in accordance with AS/NZS 4663:2004 - Slip Resistance Measurement of Existing Pedestrian Surfaces.

96. MI7 - The shop/factory unit number, at least 50mm high, must be clearly displayed adjacent to the entry door to each shop/unit.

97. The building shall be constructed wholly within the boundaries of the subject property except where cross easements of support exist over the existing sections of Party Wall.\

98. PV9 - General Signage - The owner of the property must maintain the car park, including all signs, line marking, and bay numbering, in accordance with AS 2890.1-1993 Australian Standard Parking facilities Part l: Off-street car parking.

99. PV14 - Prohibited Parking - Staff, company and visitors' vehicles must only be parked in the spaces provided on the subject premises and not on adjacent footpath or landscaped areas.

100. PV16 - Obstruction of Parking and Manoeuvring Areas - Goods and/or waste or extraneous material must not be stored in the vehicular manoeuvring and parking areas. Those areas must be kept clear at all times for the manoeuvring of vehicles.

101. WA4 - Handling of Waste - No bottle, can or garbage disposal shall take place between the hours of 10.00pm and 8.00am daily.

102. WA5 - Service of trade waste bins must be carried out between 7.00am and 7.00pm. weekdays.

103. WA8 - The premises must be maintained in a clean and tidy state at all times.

104. ZC3 - No goods for sale or display are to be placed outside the front facade of the building unless approved by Council.

105. ZC7 - Under awning lighting to illuminate the footpath at night time for pedestrians is to be provided. The lighting should be energy efficient.

106. ZC9 – No tables, chairs, planters, display signs or goods and the like are to be placed on the footpath unless approved by Hurstville City Council.

107. ZC10 - The building exterior is to be maintained in a clean and neat manner, including the regular cleaning of windows. Any such window cleaning is to be done in an water efficient manner, for example no hosing of the windows is permitted.

108. ZC12 - The entrance to a shop or business must remain clear of obstructions to enable easy entrance/exit for customers, including those with a stroller, in a wheelchair or with visual impairment.

109. ZC14 - Amplified music/public address systems must not be audible outside the premises, unless approved by Hurstville City Council.

110. Noise levels emitted from any plant, machinery, mechanical exhaust system or any outdoor air conditioning unit must not exceed the background noise level in any octave band when measured at any point on the boundary of the site.

110A. ONG4002 - Health - Final Acoustic Report – Verification of Noise report - Within three (3) months from the issue of an occupation certificate, an acoustic assessment is to be carried out by an appropriately qualified person, in accordance with the EPA's Industrial Noise Policy and submitted to Council for consideration. This report should include but not be limited to, details verifying that any noise control measures as recommended in the acoustic report provided as part of the occupation certificate are effective in attenuating noise to an acceptable noise level and that the use of the premises does not give rise to “offensive noise” as defined under the provision of the Protection of the Environment Operation Act 1997 (as amended).

(This condition is added as part of MOD2015/0043 (12/DA-63))

111. Waste Management: For the Residential portion of the building the following waste and recycling facilities will be required:

Domestic Waste:- 1 x 240 litre Mobile Garbage Bins (MGB’s);

Domestic Recycling:- 1 x 240 litre MGB’s.

For the Commercial portion of the building appropriate waste and recycling containers and facilities will need to be provided for all specific end use businesses in accordance with the following waste generation rates:

a) Retail Trading – shops, to 100 square metres - 0.1-0.2 cubic metres per 100 square metres of floor area per day;

b) Restaurants and Food Shops – 0.3-0.6 square metres per 100 meals, plus up to 0.15 cubic metres of beverage containers per 100 meals; and,

c) Office – 0.01-0.03 cubic metres per 100 square metres of floor area per day.

All waste and recycling containers shall be stored in an approved waste storage area that is large enough to store the required number of bins, appropriate for the number of units and intended uses of the building, and is to be located in an area of the building that can be adequately serviced by waste collection vehicles.

The location of the proposed Waste Storage Area as shown on the submitted plan is on the Ground Floor Level of the building, and as is not easily accessible for Council’s Waste Contractor to service the bins. Accordingly, it will be the responsibility of the Owners Corporation to present the MGB’s for collection and return them to the storage area after they have been emptied. This should be a Condition of any approval.

Subdivision Conditions

112. SU50 - Three (3) copies of the final Strata Title survey plans prepared by a Registered Surveyor shall be submitted, together with the original administration sheet(s), plus one (1) copy and any relevant 88B instrument plus one (1) copy

113. SU51 - The structures of the building(s) that define the boundaries of all parts of the Strata Lots, including the Common Property shall be constructed in accordance with the approved plans and conditions of Development Consent No.12/DA-63.

This shall include the completion of all internal driveways/ramps and hardstand areas for car spaces on the site before the release of the linen plan of subdivision

114. SU72 - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

Application must be made through an authorised Water Servicing Co-ordinator. Please refer to Building Developing and Plumbing Section at www.sydneywater.com.au then refer to "Water Servicing Co-ordinator" under "Developing Your Land" or telephone 13 20 92 for assistance.

Following application, a "Notice of Requirements" will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Co-ordinator, as it can take some time to build water/sewer pipes and this may impact on other services and building, driveway or landscape design

The Section 73 Certificate must be submitted to the Principal Certifying Authority/Council prior to the release of the plan of subdivision.

115. SU53 - Metal screw-on numbers to the front door of each occupancy shall be installed in accordance with the strata plan lot numbering.

116. SU54 - Separate letterboxes, for each unit and the owner's corporation, shall be erected and metal rivet-on type numbers shall be installed to each letterbox.

117. SU55 - The street number 12 is to be displayed in a prominent location in the front of the site.

118. Garage Numbering - Permanent type numbers shall be affixed to the doors of each basement garage in accordance with the unit numbering prior to the issue of the Strata Certificate.

119. SU66 - Payment shall be made to Council of all outstanding fees listed in the accompanying fee schedule before the release of the linen plan of subdivision.

120. Allocation of Car Parking Spaces, Storage Areas and Common Property on the Final Strata Plan

a) No parking spaces shall be created as an individual strata allotment on any Strata Plan of the subject building.

b) All car parking spaces shall be created as a part lot of the individual strata’s unit lot in any Strata Plan of the subject building.

c) All storage areas shall be created as a part lot of the individual strata’s unit lot or a separate Utility Lot (if practical) in any Strata Plan of the subject building.

d) The minimum number of parking spaces required to be allocated as a part lot to each individual strata’s unit lot shall be in accordance with the car parking requirements of Council's Development Control Plan.

e) Separate Utility Lots for individual car parking spaces shall only be created if these spaces are surplus to the minimum number of parking spaces required.

121. In addition to the statutory requirements of the Strata Schemes (Freehold Development Act 1973) a Strata Certificate must not be issued which would have the effect of:

a) The removal of any areas of common property shown upon the approved Development Application plans and allocated to any one or more strata lots,

b) The removal of any visitor parking spaces from the strata scheme and allocated to any one or more strata lots , or

c) Any unit’s parking space or storage area is not strata subdivided as separate strata lot.

Note: This condition has been imposed to ensure that: (a) common property is not alienated from the strata scheme and assigned to any one or more strata lots, (b) visitor parking is not alienated from the strata scheme and assigned to any one or more strata lots such that visitors would be restricted from lawful access and use of required visitor parking, (c) parking spaces and storage areas are not strata subdivided as separate strata lots which may be sold with full strata title rights as a parking space or storage area lot, reducing available parking and storage to strata lots and visitors required to reduce demand for on-street public parking.

122. SU67 - An application for a Strata Certificate (for the endorsement and release of the final Strata plans) shall be lodged upon completion of all the above mentioned conditions. To obtain a Strata Certificate, you must complete an application form for a Strata Certificate, pay the appropriate fee and submit the form together with any relevant plans and documentation for approval. A Strata Certificate may be obtained from Council or an Accredited Certifier.

123. SU56 - Metal numbers shall be affixed to the doors of each basement car space in accordance with the strata plan lot numbering and “Visitor Parking" signs shall be installed adjacent to any and all visitor car spaces.

Advice to Applicant

124. Consent Operation - This consent operates from the date the original consent was endorsed, ie 31 July 2012, except as qualified by Section 93 of the Act.

This development consent will lapse unless acted upon within five (5) years from the date of the original endorsement, except as qualified by Section 99 of the Environmental Planning and Assessment Act 1979.

125. If you are not satisfied with this determination, you may:

(a) Apply for a Review of a Determination under Section 96AB of the Environmental Planning and Assessment Act 1979. A request for review and the decision by Council of that request must be made within twenty-eight (28) days from the date of this Notice of Determination and be accompanied by the relevant fee in accordance with Environmental Planning and Assessment Regulations 2000 Clause 123I. You must ensure that an application for review of determination gives Council a reasonable period in which to review its decision having regard to the relevant issues and complexity of the application.

(b) Appeal to the Land and Environment Court within six (6) months after the date on which you receive this Notice of Determination, under Section 97AA of the Environmental Planning and Assessment Act 1979.

126. AD1 - Dial Before you Dig - contact Sydney One Call Service to ascertain which utility services are underground in the proposed excavation area, via details of:

(a) street/house number and street name

(b) side of the street

(d) distance from nearest cross street

For more details visit www.dialbeforeyoudig.com.au or call 1100. You can find out the location of Council drainage pipes by contacting Council's Service Delivery Directorate.

127. AD2 - Dividing Fences - You must satisfy the requirements of the Dividing Fences Act before erecting any fencing on common boundaries. The Chamber Magistrate at the Local Court advises on the Dividing Fences Act, particularly for legal advice or disputes, and the Community Justice Centre can also assist with disputes.

128. AD3 - Covenants - irrespective of the terms of this consent you must make sure that covenants on the title of the property are complied with for proposed construction. For more details contact the Lands Department - www.lands.nsw.gov.au or call 9228 6713 or contact your Solicitor.

129. AD4 - WorkCover Authority - For premises which are/will be workplaces a copy of the approved plan to the WorkCover Authority shall be submitted to ensure that the proposal complies with WorkCover requirements. Where factory registration is required by WorkCover, a separate application to Council may be required for a statement of compliance with the egress provisions of the Building Code of Australia. If so it is best to do so as soon as possible. For more details visit www.workcover.nsw.gov.au or call 131050.

130. AD5 - Australia Post - A mail box meeting certain position, dimension and height requirements must be installed to satisfy Australia Post. For more details visit www.auspost.com.au or call 131318.

131. AD6 - Access for Persons with a Disability - In addition to Council's Development Control Plan and the Building Code of Australia, the Commonwealth Disability Discrimination Act 1992 may impose greater obligations on providing access/facilities for disabled persons. For more details visit the Human Rights and Equal Opportunity Commission website www.hreoc.gov.au or call 9284 9600.

132. AD8 - Stencilling - Colouring or stencilling of the footpath crossing within the road reserve is prohibited.

133. AD9 - Construction Zone - You may apply for a construction zone on the roadway adjacent to the site for the duration of the construction work, by way of written application and payment of fees detailed in our Schedule of Fees and Charges.

134. AD10 – Energy Australia - The minimum safe distance from overhead power lines shall be maintained in accordance with the requirements of Energy Australia. For details visit www.energy.com.au.

135. AD11 - Other approvals required - Where it is proposed to:

(a) Pump concrete from within a public road reserve or laneway.

(b) Stand a mobile crane within the public road reserve or laneway.

(d) Pump stormwater from the site to Council's stormwater drains.

(e) Store waste containers, skip bins, and/or building materials on part of Council's footpath or roadway.

an appropriate application for a Work (construction) Zone, a pumping permit, a hoarding, an approval to stand a mobile crane or an application to pump water into a public road, together with the necessary fee in accordance with Council's Schedule of Fees and Charges shall be submitted to Council and approval obtained before commencement of any of the those activities.

136. AD13 - A separate application must be lodged and approved under Section 68 of the Local Government Act 1993 for the erection of any A-Frames or signage boards proposed to be erected on Council's footway.

137. Access and sanitary facilities for persons with disabilities must be provided to the building in accordance with the requirements of the Premises Standards, the Building Code of Australia and AS1428.1. Details must be submitted with the Construction Certificate Application. A Section 96 application may be required where compliance with the access provision would require changes to internal configurations, external appearance and function of the building. An accredited access consultant may be required to demonstrate compliance. Any recommendations of the accredited access consultant must be incorporated in the plans to be submitted with the Construction Certificate Application.

138. Should the Council be appointed as the Principal Certifying Authority, the Construction Certificate Application must be accompanied by the following details, with plans prepared and certified by an appropriately qualified person demonstrating compliance with the BCA:

· Essential fire services and equipment including hydrant systems, hose reels, sprinklers, mechanical air handling system, portable fire extinguishers, emergency lights, exit signs, smoke hazard management and warning systems, etc.

· Energy efficiency report demonstrating compliance with the BCA.

· Fire resistance levels of all building elements including walls, floors, columns, roof, etc.

· Exit widths and dimensions.

· Protection to wall openings in the building that stand less than 3 metres from the boundary or fire source feature.

· Sound transmission and insulation details.

· Disabled access that complies with the Premises Standards, the BCA and with AS 1428.1.

· Smoke hazard management system, fire extinguishers, etc.

· Fire resistance levels of all building elements including walls, floors, columns, roof, etc.

· Protection to new wall openings in the building that stand less than 3 metres from the boundary or fire source feature.

· Proposed fire safety measures and equipment including smoke alarms to any residential unit, portable fire extinguishers, etc

· Plans must be amended to provide disabled access and sanitary facilities that complies with the BCA and with AS 1428.1.

· Provisions of natural light and ventilation to all habitable rooms. Any mechanical ventilation system must be designed by a mechanical engineer.

139. Energy Efficiency Provisions - Should Council be appointed as the Principal Certifying Authority, a report prepared and endorsed by an Energy Efficiency Engineer or other suitably qualified person must be submitted, detailing the measures that must be implemented in the building to comply with Section J of the BCA. At completion of the building and before the issue of an Occupation Certificate, a certificate certifying that the building has been erected to comply with the energy efficiency provisions must be submitted to the Principal Certifying Authority.

140. If you need more information, please contact Development Assessment Officer Mark Raymundo on 9330-6176 during normal office hours.

FURTHER THAT a Penalty Infringement Notice be issued to the business owner – development without development consent, corporation Class 2-9 building (code16272 - $3000).

For video relating to 12 Park St click here

APPENDICES

Appendix View1	Location Map - 12 Park St Peakhurst
Appendix View2	Site Photo - 12 Park St Peakhurst
Appendix View3	Revised Elevations Section - 12 Park St Peakhurst
Appendix View4	Revised Roof Plan 3D View - 12 Park St Peakhurst
Appendix View5	Company Extract - Applicant - 12 Park St Peakhurst (Confidential)
Appendix View6	Company Extract - Owner - 12 Park St Peakhurst (Confidential)
Appendix View7	Ventilation Ducting Plan - 12 Park St Peakhurst

Hurstville City Council – Council Meeting Wednesday, 15 July 2015

CCL768-15 7 - 9 Webb St Riverwood - Demolition of Existing and Construction of Residential Flat Building with 12 Units

Applicant	William Karavelas
Proposal	Demolition of the existing dwelling houses and construction of a residential flat building with twelve (12) units and basement car parking with Strata title subdivision
Owners	Computerworld.com.au Pty Ltd
Report Author/s	Development Assessment Officer, Mr P Nelson
File	DA2014/1168
Previous Reports Referenced	CCL740-15 - 7 - 9 Webb St Riverwood - Demolition of Existing and Construction of Residential Flat Building with 12 Units - Council - 01 Jul 2015 7:00pm
Disclosure of Political Donations or Gifts	No
Zoning	Zone R3 - Medium Density Residential
Existing Development	Two dwelling houses
Cost of Development	$2,520,000.00
Reason for Referral to Council	One (1) variation to DCP1 and one (1) submission received
Planning Instruments Applicable	Hurstville Local Environmental Plan 2012, Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment, State Environmental Planning Policy No 55 – Remediation of Land, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development, Development Control Plan No 1 – LGA Wide
Hurstville Local Environment Plan Interpretation of Use	Residential Flat Building

EXECUTIVE SUMMARY

1. The application seeks approval for the demolition of existing structures and construction of a residential flat building containing four (4) x one (1) bedroom and eight (8) x two (2) bedroom units with basement car parking.

2. The application has been assessed against the requirements of the relevant planning instruments and Development Control Plans and complies except building envelope to the sides resulting in no amenity impacts and achieving a greater setback to the rear. This variation is discussed in the report.

3. The application was notified/advertised to thirty nine (39) residents/owners and one (1) submission was received in reply. The issues raised in the submissions are discussed in the report.

4. This application was deferred at the Council meeting of 1 July 2015 for a site inspection. The inspection was held on 7 July 2015.

AUTHOR RECOMMENDATION

THAT the application be approved in accordance with the conditions included in the report.

REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The proposed development is for the demolition of existing structures and construction of a residential flat building containing four (4) x one (1) bedroom and eight (8) x two (2) bedroom units, basement car parking and front fences. Specifically the proposed development will contain the following:

Basement level

- Three (3) visitor spaces including car wash bay

- Twelve (12) residential spaces including two (2) accessible residential spaces

- Twelve (12) storage areas

- Garbage room

- Cleaners room

- Stairs and lift

Ground floor

- Entry lobby/foyer to development

- Stairs and lift

- Two (2) x two (2) bedroom units and two (2) x one (1) bedroom adaptable units

- Ground level private open space for four (4) units

- Communal open space at rear of site

Level 1

- Four (4) x two (2) bedroom units

- Stairs and lift

Level 2

- Two (2) x two (2) bedroom units

- Two (2) x one (1) bedroom unit

- Stairs and lift

Front fence

The proposed development includes a front fence to Webb Street which is to be of masonry construction and range in height from 600mm to 1.5m relative to natural ground level.

HISTORY

12 Dec 14 The subject application was lodged with Council.

26 Feb 15 Application presented to the Design Review Panel.

17 Apr 15 Amended plans received.

1 Jul 15 Application deferred at Council meeting for a site inspection

7 Jul 15 Site inspection held

DESCRIPTION OF THE SITE AND LOCALITY

The subject site is located on the southern side of Webb Street Riverwood and contains two (2) lots which have a combined frontage of 25.6m and a site area of 975.2sqm. The site has a fall to the street and contains several trees located primarily at the front and rear of the site.

Adjoining the site on the eastern boundary is an open hard stand car parking area servicing the residential flat building to the rear of the subject site. Adjoining the site on the western boundary is a townhouse development.

The subject site is located in a residential area to the immediate west of the local centre of Riverwood.

COMPLIANCE AND ASSESSMENT

The development has been inspected and assessed under the relevant Section 79C(1) "Matters for Consideration" of the Environmental Planning and Assessment Act 1979.

1. Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012

The extent to which the proposed development complies with the Hurstville Local Environmental Plan 2012 is detailed and discussed in the table below.

Clause	Standard	Proposal	Complies
1.2 – Aims of the Plan	In accordance with Clause 1.2 (2)	Consistent with the aims of the plan	Yes
1.4 - Definitions	“Residential Flat building”	The proposed development is defined as a residential flat building	Yes
2.3 - Zone objectives and Land Use Table	Meets objectives of R3 Zone Development must be permissible with consent	Meets objectives and is a permissible development with consent	Yes
2.7 - Demolition	Demolition is permissible with consent	The proposed demolition has been assessed as part of this application and is recommended for approval, subject to standard conditions of consent being attached to any consent granted	Yes
4.3 – Height of Buildings	12m as identified on Height of Buildings Map	<12m	Yes
4.4 – Floor Space Ratio	1:1 as identified on Floor Space Ratio Map	1:1	Yes
5.9 – Preservation of Trees or Vegetation	Trees to be removed are specified in DCP1	Four (4) trees are to be removed and these are either not significant or are within the footprint of the proposal.	Yes
6.7 – Essential Services	The following services that are essential for the development shall be available or that adequate arrangements must be made available when required: · Supply of water, electricity and disposal and management of sewerage · Stormwater drainage or on-site conservation · Suitable vehicular access	Adequate facilities for the supply of water and for the removal of sewage and drainage are available to this site. Council’s Team Leader Subdivision and Development has raised no objection to draining the site to Webb Street, subject to conditions of consent. New driveway crossing from Webb Street (standard conditions for the submission of separate vehicular crossing applications and driveway design)	Yes

STATE ENVIRONMENTAL PLANNING INSTRUMENTS

Compliance with the relevant state environmental planning policies is detailed and discussed in the table below.

State Environmental Planning Policy	Complies
Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment	Yes
State Environmental Planning Policy 55 – Remediation of Land	Yes
State Environmental Planning Policy (Building Sustainability Index BASIX) 2004	Yes

STATE ENVIRONMENTAL PLANNING POLICY NO 65 – DESIGN QUALITY OF RESIDENTIAL FLAT DEVELOPMENT

The extent to which the proposed development complies with the controls and principles in the State Environmental Planning Policy 65 – Design Quality of Residential Flat development is detailed and discussed in the tables below.

Application of SEPP 65

Clause	Standard	Proposal	Complies
3 - Definitions	Complies with definition of “Residential Flat Building” (RFB)	Complies with definition	Yes
4 - Application of Policy	Development involves the erection of a new RFB, substantial redevelopment or refurbishment of a RFB or conversion of an existing building into a RFB	Erection of a new residential flat building	Yes
30 – Development Applications	Design verification statement provided by Qualified designer Registered Architect Name and Registration No.	Design Verification Statement provided by Registered Architect N Lycenko Registration No: 3010	Yes

Part 2 Design Quality Principles under the SEPP

Clause	Standard	Proposal	Complies
1 – Context	Good design responds and contributes to its context (eg natural and built features of an area)	The subject site is located in an area which does not have an established character and is a mixture of density and differing designs. The proposed design is considered to be an appropriate on for the area.	Yes
2 – Scale	Good design provides an appropriate scale in terms of the built and height that suits the scale of the street and surrounding buildings	The proposed building is 3 storeys and will be appropriately articulated and have a good landscaping design at the street frontage that will reduce and visual impact upon the streetscape. The height of the proposed building complies with the maximum 12m height requirement. The proposal is considered appropriate to the scale of the area.	Yes
3 – Built form	Good design achieves an appropriate built form for a site and the building’s purpose, in terms of building alignments, proportions, building type and the manipulation of building elements	The proposal responds appropriately to the site and neighbouring developments and results in a development that has adequate setbacks and privacy to adjoining properties and adjoining significant vegetation	Yes
4 - Density	Good design has a density appropriate for a site and its context, in terms of floor space yields (or number of units or residents)	Complies with FSR numerical standard of HLEP 2012	Yes
5 – Resource, energy and water efficiency	Good design makes efficient use of natural resources, energy and water throughout its full life cycle, including construction	The application is supported by a BASIX certificate that satisfies this clause of SEPP	Yes
6 - Landscape	Good design recognises that together landscape and buildings operate as an integrated and sustainable system, resulting in greater aesthetic quality and amenity for both occupants and the adjoining public domain	New planting and existing tree retention will result in a good outcome for on-site landscaping. The landscaped open space area of the development provides appropriate and useable private and communal open space areas.	Yes
7 - Amenity	Good design provides amenity through the physical, spatial and environmental quality of a development	The courtyards and balconies provide an appropriate design and level of amenity	Yes
8 – Safety and Security	Good design optimises safety and security, both internal to the development and for the public domain	The proposal is considered to be consistent with crime prevention principles	Yes
9 –Social dimensions and housing affordability	Good design responds to the social context and needs of the local community in terms of lifestyles, affordability, and access to social facilities	The proposal responds appropriately to this clause of SEPP by providing a range of housing options that varies in unit size, number of bedrooms and adaptable units	Yes
10 - Aesthetics	Quality aesthetics require the appropriate composition of building elements, textures, materials and colours and reflect the use, internal design and structure of the development.	The proposed building is of reasonable architectural merit with a mix of building materials and finishes and architectural features.	Yes

Clause 30 – Consideration of Residential Flat Design Code Design Controls

Clause	Standard	Proposal	Complies
Building Height	Ensure future development responds to desired future scale and character of street and local area	Proposed development is consistent with scale of development permitted under the relevant planning instruments	Yes
Building Depth	Maximum 18m (glass line to glass line). For wider buildings must demonstrate how satisfactory daylight and natural ventilation are achieved	The proposed building has an average depth of 16m to 17m	Yes
Building Separation	3 to 4 storeys/12m: -12m between habitable rooms/balconies to habitable rooms/balconies -9m between habitable rooms/balconies to non-habitable rooms -6m between non-habitable rooms to non-habitable rooms	Balconies are directed to the front and rear of the proposal. Low-use bedrooms are within 9m of adjoining multiple dwelling development to the west and living rooms are a minimum of 9m from the wall of the adjoining multiple dwelling development to the west.	Yes
Street setbacks	Use different setback controls to differentiate between urban and suburban character areas. 5m -9m range is typical in suburban areas	Front setback = 6.115m with balconies projecting 1m into the front setback (complies with DCP No 1)	Yes
Side and rear setbacks	Relate side setbacks to existing streetscape patterns.	The side setback (building envelope) of the development does not comply for the first and second level. A variation to side boundary setbacks has been sought to make up for the loss of floor area resulting from the provision of additional rear boundary setbacks to improve solar access to the communal open space area of the residential flat building to the south (rear) of the proposal.	No, for eastern boundary which is discussed in the report below under DCP1.
Floor Space Ratio (FSR)	To ensure that the development is in keeping with the optimum capacity of the site and the local area. FSR is not specified in the Design Code.	The proposal complies with an FSR of 1:1	Yes
Deep Soil Zones	A minimum of 25% of the open space area of a site should be a deep soil zone	20.72% of the site is deep soil landscaping in accordance with Council’s DCP No 1	No but complies with DCP1
Fences and walls	Clearly delineate the public and private domain	Boundaries are clearly delineated	Yes
Landscape design	Landscape design should optimise useability, privacy, social opportunity, equitable access and respect neighbour’s amenity	The proposal provides useable open space and appropriate planting to the site in the form of trees, shrubs and ground covers	Yes
Open Space	Communal open space should be generally 25% of the site area. Min private open space for apartment at ground level/podium is 25sqm. Min preferred dimension in one direction is 4 metres	Communal open space = 14.58% (142.229sqm) of the site provided at the rear of the site which contains landscaped areas, fruit trees, seating and BBQ. Private open space areas to ground floor units exceed 25sqm.	No however the private open space areas provided to each unit make up for this shortfall
Orientation	Position and orientate buildings to maximise solar access	The proposed building has been appropriately positioned and oriented to maximise solar access. Rear boundary setbacks have been increased on the second level in order to improve solar access to the rear open space areas and the rear yard of the neighbouring residential flat building.	Yes
Planting on structures	Design for optimum conditions for plant growth	Small sized planting are limited to planter boxes and medium-large sized trees are to be planted in deep soil areas	Yes
Stormwater Management	Reduce the volume impact of stormwater on infrastructure by retaining it on site	Appropriate stormwater disposal can be achieved subject to conditions of consent	Yes
Safety	Undertake a formal crime prevention assessment of the development	Development is consistent with crime prevention principles	Yes
Visual privacy	Provide reasonable levels of visual privacy.	The proposal provides satisfactory levels of visual privacy. Private open space areas (courtyards and balconies) to the development are located on ground level or primarily on the front and rear elevations.	Yes
Building Entry	Create entrance which provides a desirable residential identity for development	The main entrance of the building is clearly visible and easily identified	Yes
Parking	Provide adequate car parking for the building and integrate parking with the design of the building	Basement car parking satisfies Council’s requirements	Yes
Pedestrian Access	Promote residential flat development that is well connected to street and contributes to accessibility. Barrier free access to at least 20% of units.	Continuous access path of travel from the street to the main entrance of the building with disabled access to all public areas of the building and both adaptable units	Yes
Vehicle Access	Limit width of driveways to 6 metres. Integrate adequate car parking and servicing access without compromising character	Driveway is 3.6m wide Basement parking is not visible from the street	Yes
Apartment Layout	-Maximum depth from window of single aspect apartment 8.0m -The back of a kitchen should be no more than 8 metres from a window. -Width of cross-over apartments more than 15 metres deep should be a minimum of 4 metres	-All units have 2 aspects -Kitchens all have windows -No cross over apartments	Yes
Apartment Mix	To provide a diversity of apartment types, which cater for different household requirements now and in the future	Units are provided in a variety of sizes, number of bedrooms, and option of adaptable housing	Yes
Balconies	Primary balconies to be a minimum of 2 metres in depth	Primary balconies have minimum depth exceeding 2m	Yes
Ceiling Heights	Residential buildings/floors -habitable rooms minimum 2.7m -non habitable rooms minimum 2.25m	All rooms have ceiling heights of 2.7m min.	Yes
Flexibility	Provide apartment layouts which can accommodate the changing use of rooms	Layout of units are considered acceptable	Yes
Ground floor apartments	Optimise the number of ground floor apartments with separate entries. Ensure ground floor apartments have access to private open space.	One ground floor unit has a separate entry point through the front courtyard. All ground floor units have private open space and are accessible from a central entry point to the building	Yes
Internal Circulation	Maximum of 8 units to be accessible from a double loaded corridor.	Max. 4 units accessible from central corridor	Yes
Storage	To provide adequate storage for every day household items within easy access of the apartment 1br = 6m³ 2br = 8m³ 3br= 10m³	All units have a dedicated storage area that complies	Yes
Acoustic Privacy	Protect acoustic privacy of residents in apartments and in private open spaces	Acoustic privacy impact has been minimised with the use of planting, fencing and solid wall construction	Yes
Daylight Access	-Min 70% of units (living rooms and private open space) receive min 3 hours of solar access for dense urban environment -Max 10% units southerly aspect	-All units receive min 3 hours solar access to living rooms and private open space -No units have a single southerly aspect	Yes
Natural Ventilation	-60% of residential units should be naturally cross ventilated. -25% of kitchens should have access to natural ventilation.	-All units are naturally cross ventilated -All kitchens have natural ventilation	Yes
Facades	Facades must define and enhance the public domain and desired street character	Façade of the proposed building is considered acceptable	Yes
Roof design	Provide quality roof designs which contribute to the overall design	Roof form contributes to the overall design of the development and responds appropriately to the streetscape	Yes
Energy efficiency	Reduce reliance on artificial heating and cooling	The proposal is considered acceptable, subject to BASIX requirements	Yes
Maintenance	Supply waste management plans as part of the development application	Waste management plan submitted with the application is appropriate	Yes
Water conservation	Encourage use of rainwater tanks, use AAA rated appliances and store rainwater on site	BASIX certificate submitted addresses water conservation	Yes

Advice from the Design Review Panel

The application was presented to the Design Review Panel (DRP), who have provided the following comments. These comments are followed by the Applicant’s response (where required) and a further comment from the Development Assessment Officer (where required).

PRINCIPLE 1 - CONTEXT

DRP advice:

The proposal is appropriate for the evolving context.

The site has a number of existing trees located to the rear of the property and in the front setback. The trees in the rear are very substantial existing trees that provide screening and visual amenity for not only for the proposed development but for adjoining properties. These are currently proposed to be removed. It is recommended that these are retained.

The property to the east is a car park to serve adjacent Department of Housing buildings which is quite an attractive entry to the buildings behind and beyond this to the east is a Council owned commercial car park. This advantages the development of the subject property in that there are no adjacent privacy issues.

Applicant’s response: As recommended by the Panel, the existing trees at the rear of the development are to be retained.

PRINCIPLE 2 - SCALE

DRP advice: Appropriate

PRINCIPLE 3 - BUILT FORM

DRP advice: Appropriate in principle, however the building overshadows the common open space. The Panel supports the provision of a small communal room and open space on the roof top rather than on the ground floor as currently provided. This could be accommodated within the planning Council envelope control towards the centre of the building and served by the lift.

The garbage room is intrusive and should be relocated, preferably into the basement level car park. Some west facing balconies may cause privacy issues with the adjacent development to the west and should be screened.

Applicant’s response:

A communal open space on the roof would be inappropriate for a number of reasons:

1) The lift overrun would exceed the 12m height limit by over 1m.

2) There could potentially be privacy issues with the neighbouring developments.

3) There is adequate communal open space at ground level. Regarding the proposed building overshadowing this area; the top floor has now been redesigned to increase the rear setback and therefore increase solar access to this area.

4) There is a significant public park within 75m of this development.

As recommended by the Panel, the garbage room has been relocated to the basement and therefore allowing increased landscaping to the street. Also, as recommended west facing windows have had additional privacy screening added.”

DAO’s comment: The provision of a roof top open space is not encouraged under the current controls where a variation to height would be a result. The amended plans respond appropriately to solar access concerns and the relocation of the garbage room is appropriate.

PRINCIPLE 4 - DENSITY

DRP advice: The FSR appears to be currently over Council’s controls of 1:1 and the applicant should consider this.

Applicant’s comment: The plans have been amended to comply with Council’s FSR requirements.

DAO’s comment: Amended plans detail compliance with FSR controls.

PRINCIPLE 5 - RESOURCE, ENERGY AND WATER EFFICIENCY

DRP advice: Retention of trees along the rear of the site should be incorporated into the design. The provision of the large trees in the front and rear deep soil setback is supported as this will improve the shading and energy use for the units.

Subject to BASIX.

Applicant’s comment: As stated above, the trees along the rear of the site have been retained.

DAO’s comment: Tree retention is appropriate.

PRINCIPLE 6 - LANDSCAPE

DRP advice: The communal open space should be relocated as discussed above to provide a high amenity roof top area for residents. The rear landscape zone should be modified to include existing trees and supplement large scale trees (the proposed turpentine planting).

The landscape interface to the western boundary should be modified to reduce hard stand paving areas and increase podium planting areas. Planting should be carefully modified to increase screening to the adjoining property.

The garbage room should be relocated and landscaping increased at the frontage and the stormwater pit should be relocated outside of deep soil zones. The OSD tank should be relocated to the under the hard stand spaces such as under stairs or under driveway.

The existing streetscape has very juvenile planting of bottlebrush trees which are inappropriate given the quality of the rest of the street tree planting on Webb Street. It is recommended these trees be replaced to match the planting to the east.

Applicant’s comment: As noted previously, a roof top communal open space area would be impractical and only of a small area. There are areas of the proposed ground floor communal open space that would receive good solar access during mid-winter and excellent solar access during other parts of the year. Supplemented with the existing park further down the street; the residents will have excellent amenity results.

Also, as previously noted, existing trees at the rear are to be retained and supplemented with large scale trees.

As requested hard stand paving facing the western boundary has been reduced and podium planting increased.

As previously noted the garbage room has been relocated to the basement and the landscaping to the street increased. Please note that the stormwater design does not incorporate an OSD tank. The Panel has mistaken the above ground detention basin for an OSD tank. The above ground detention basin area is fully landscaped and is a fully deep soil area.

The Panel's recommendation has been incorporated into the amended landscape plans.

DAO’s comment: The amended plans have responded appropriately to the comments of the DRP and in reference to the requirements of Development Control Plan No 1.

PRINCIPLE 7 - AMENITY

DRP advice: The balcony to Unit 4 overlooking the driveway access ramp should be screened. All the west facing balconies at first and second floor levels should be screened to minimise privacy impacts on the neighbouring property.

Natural light, and if possible ventilation should be provided to the basement car park by way of roof sky lights/vents.

Applicant’s comment: “As requested by the Panel, the balcony to Unit 4 has a screen overlooking the driveway. Also, west facing balconies on the first and second floor have had privacy screens added.”

DAO’s comment: Amended plans are appropriate.

PRINCIPLE 8 - SAFETY AND SECURITY

DRP advice: The deeply recessed entry doors could cause security problems. It is recommended the doors be brought forward and a more generous lobby area be provided, with a seat.

Applicant’s comment: The entry doors, while being recessed, do not cause a security problem. This is due to the fact that the entry door and side light are fully glazed and therefore provide a direct view from the entry to the street. Also, the pathway is a 2.8m wide straight run to the front footpath. This does not allow any areas to hide. A planter box that was previously proposed has now been replaced with several seats as recommended.

DAO’s comment: The removal of the planter boxes which had a slight potential to result in a block to a line of sight from the lobby to the street, have been overcome with the provision of seating in this area.

PRINCIPLE 9 - SOCIAL DIMENSIONS AND HOUSING AFFORDABILITY

DRP advice: See comments above under ‘Built Form’ in relation to communal open space.

Applicant’s comment: See above.

DAO’s comment: See above.

PRINCIPLE 10 - AESTHETICS

DRP advice: Acceptable. The proponent should however examine the structural continuity of the column system.

DAO’s comment: The amended plans provided in relation to the initial comments of the DRP and Council have responded appropriately and are supported.

2. Draft Environmental Planning Instruments

DRAFT AMENDMENT TO STATE ENVIRONMENTAL PLANNING POLICY NO 65 – DESIGN QUALITY OF RESIDENTIAL FLAT DEVELOPMENT (SEPP 65)

An amendment to SEPP 65 has been placed on exhibition from the 23 September 2014 to 31 October 2014. The proposal is considered to satisfy the requirements of the Draft SEPP in relation to apartment mix and the one bedroom units proposed are considered to provide an appropriate lower cost option.

Any other matters prescribed by the Regulations

The Regulations prescribe the following matters for consideration for development in the Hurstville Council area:

Demolition

Safety standards for demolition and compliance with AS 2601 - 2001 apply to the demolition of any buildings affected by the proposal.

3. Development Control Plans

The proposal has been assessed under the relevant sections of Development Control Plan No 1 as follows.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 2.2 NEIGHBOUR NOTIFICATION AND ADVERTISING OF DEVELOPMENT APPLICATIONS

The application was notified/advertised to thirty nine (39) residents/owners in accordance with this section of Development Control Plan No 1. One (1) submission was received in reply. The issues raised in the submissions are discussed in the report.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.1 CAR PARKING

The extent to which the proposed development complies with Section 3.1 Car Parking is detailed and discussed in the table below.

Section 3.1	Requirements	Proposal	Complies
3.1.4.1 - Resident parking	1 or 2 bedroom – 1 space (12 units proposed) = 12	12 residential spaces	Yes
3.1.4.1 -Visitor parking (4 or more dwellings)	1 space per 4 dwellings or part thereof (12 units proposed) = 3	3 visitor car spaces	Yes
3.1.4.2 –Dimension of car spaces, car parking layout, circulation, egress and egress	Compliance with AS2890.1 2004 and AS2890.2	Yes	Yes
3.1.4.3 – Stencilling of driveways	Finished with plain concrete	Yes	Yes
3.1.4.4 – Ramps transitions, driveways	Ramp grades to comply with AS2890.2 2004, Part 2 Longitudinal section 1:20 to be provided with development application	Driveway gradient complies	Yes
3.1.4.5 - Basement car parking	- Underground parking to be located under building footprint - Minimise visual impact on street -Mechanical ventilation and exhaust shafts to be illustrated in plans	Complies	Yes
3.1.4.6 – Parking for people with a disability	Compliance with AS1428 – Design for access and mobility and AS2890.6	Can achieve compliance	Yes
3.1.4.8 - Car washing area	1 space (which can be a visitor space)	Can wash bay shown on plans which is also a visitor car space.	Yes

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.3 ACCESS AND MOBILITY

The extent to which the proposed development complies with Section 3.3 Access and Mobility is detailed and discussed in the table below.

Section 3.3	Requirements	Proposal	Complies
Adaptable dwellings	1 adaptable dwelling/10 dwellings or part there of (min) = 2 Adaptable dwelling complies with AS4299	2 adaptable units	Yes
Access requirements	Access in accordance with AS1428 for all persons through the principal entrance of the building and to common areas	Can be provided	Yes
Accessible car space	1 space per adaptable dwelling Layout complies with Australian Standard	1 space per adaptable dwelling provided	Yes

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.4 CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN

The extent to which the proposed development complies with Section 3.4 Crime Prevention through Environmental Design is detailed and discussed in the table below.

Section 3.4	Requirements	Proposal	Complies
Site and building Layout	-Provide surveillance opportunities -Building addresses street --Habitable rooms are directed towards the front of the building -Garages are not dominant -Offset windows	Surveillance of street is available from the units Basement car park is not considered to be a dominant feature of the overall streetscape, given that it is not visible from the street	Yes
Building Identification	-Clearly numbered buildings -Entrances numbered -Unit numbers provided at entry	These requirements can be conditions of consent	Yes
Entrances	Clearly visible and not confusing	The entrance to the building is clearly visible and located on the front elevation of the development	Yes
Fencing	Allows natural surveillance to street	Proposed fencing provides appropriate surveillance to the street	Yes
Blind Corners	To be avoided	No bind corners evident	Yes
Communal Areas	Provide opportunities for natural surveillance	The communal areas proposed provide opportunities for natural surveillance	Yes
Landscaping	-Avoid dense medium height shrubs -Allow spacing for low growing dense vegetation -Low ground cover or high canopy trees around car parks and pathways -Vegetation used as a barrier for unauthorised access	Landscaping proposed as per the landscape plan is appropriate	Yes
Lighting	-Diffused/movement sensitive lighting provided externally -Access/egress points illuminated -No light-spill towards neighbours -Hiding places illuminated -Lighting is energy efficient	Standard lighting is considered to be appropriate	Yes
Security	Provide an appropriate level of security for each dwelling, communal areas and car park	Appropriate security has been provided	Yes
Car parks	Access to lifts and stairwells to be clearly defined	Access to the car parking area is clearly defined	Yes
Ownership	Use of fencing, landscaping, colour and finishes to imply ownership	Landscaping and driveways indicate ownership	Yes
Building maintenance	Use materials that can be easily cleaned or use anti-graffiti paint	Proposed external materials and finishes are appropriate	Yes

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.5 ENERGY EFFICIENCY

The proposal has achieved a BASIX Certificate and therefore complies with the objectives of Section 3.5 of Development Control Plan No 1. The proposed development also complies with the solar access requirements of Development Control Plan No 1 in that the adjoining developments will receive at least 3 hours solar access to their private open space area between 9am and 3pm on 21 June.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.7 DRAINAGE AND ON SITE DETENTION (OSD) REQUIREMENTS

The subject site has a fall to the street and the site may drain and the basement pump to the kerb and gutter in Webb Street directly in front of the site in accordance with Council’s drainage requirements.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.8 FENCES ADJACENT TO PUBLIC ROADS

The fencing proposed on the Webb Street frontage is consistent with the objectives of Development Control Plan No 1.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.9 WASTE MANAGEMENT

A Waste Management Plan has been submitted with the application which is acceptable. Standard conditions have been imposed requiring appropriate waste management during construction and as part of the on-going use of the development.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.10 PRESERVATION OF TREES AND VEGETATION

Four (4) trees are to be removed from the site as these sit within the footprint of the proposal. These trees are identified as requiring a permit for removal under the Development Control Plan with three (3) pine trees and one (1) magnolia proposed to be removed exceeding 3m in height. A condition of consent will require the tree removal to be undertaken in accordance with these requirements.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.3 MULTIPLE DWELLINGS AND RESIDENTIAL FLAT BUILDINGS

The extent to which the proposed development complies with Section 4.3 Multiple Dwellings is detailed and discussed in the table below.

Section 4.3	Requirements	Proposal	Complies
Minimum Street Frontage	24m	25.6m	Yes
Residential density (Floor Space Ratio)	Cl 4.4 of HLEP 2012 = Max. 1:1	FSR = 1:1	Yes
Landscaped Area	Minimum 20%	20.72%	Yes
Maximum Building Height	Cl 4.3 of HLEP 2012 = Max. 12 m	10.85m	Yes
Front Site Height Maximum	12m	10.85m	Yes
Rear Site Height Maximum	12m	10.85m	Yes
Number of habitable storeys at front of site	3 habitable storeys	3 habitable storeys	Yes
Number of habitable storeys at rear of site	3 habitable storeys	3 habitable storeys	Yes
Minimum Private Open Space Area	Ground floor level 1 or 2 bedroom unit = 50sqm Min dimension – 3m Upper levels All units = 12sqm Min width - 2.5m Direct access from living room	Ground floor level All ground floor units have a private open space of minimum 50sqm Min dimension – 3m for 50sqm of area Upper levels All units with private open space on upper levels have a balcony of at least 12sqm with minimum 2.5m dimensions. All private open space has direct access from living room	Yes Yes Yes Yes
Minimum Principal Private Open Space Area	Ground floor Must not be located forward of the front building line 1 or 2 bedroom unit = 4m x 4m – 1:20 (max) Upper levels 1 or 2 bedroom unit -= 12sqm	All units comply with this requirement	Yes
Landscape Plan	Landscape Plan to be submitted with the DA	Landscape plan submitted with the application has been prepared by a qualified landscape architect and is appropriate	Yes
Front Boundary Setbacks	Minimum 6m, balconies can project 1m	6.145m minimum with balconies projecting max. 1m	Yes
Rear Boundary Setbacks	Minimum 6m, balconies can project 1m	6.1m for Ground and First Floor. Top Floor – 8.4m – 12.5m	Yes
Minimum Side Boundary Setbacks	Building envelope No projections of any form permitted outside the building envelope	Proposal seeks a variation to the side boundary setbacks on merit on the basis of the additional setbacks provided to the rear boundary to improve amenity to the southern neighbour	No (1)
Maximum excavation of natural ground level	500mm	300mm	Yes
Driveways, access lanes and car parking	If street frontage is 20m or less – Must not occupy more than 40% of the frontage >20m – Must not occupy more than 33%	Frontage = 25.6m Driveway = 14.7%	Yes
Garages and car ports	Garages must not visually dominate the street facade	Basement car park does not dominate the street facade	Yes
Basement parking	Basement cannot extend more than 1m above natural ground level	350mm maximum	Yes
Visual Privacy	Habitable windows within 9m to be offset 1m or screened	Windows/balconies on the western elevation are at least 9m from the adjoining development’s windows and balconies and living room windows at the rear have high bottom sill heights	Yes
Solar Design and Energy Efficiency	3hrs of sunlight upon the open space areas of adjacent dwellings between 9am-3pm on 21 June	Minimum 3 hours sunlight to adjacent dwellings	Yes
Fences at the front boundary	Solid fences facing the street – Max 1m in height If Private Open Space has a common boundary to public space, height may be increased to 1.8m (must be 50% of fence to be open)	Proposed front fencing complies with requirements	Yes
Site Services	Site must be serviced by standard utilities	Appropriate utilities can be provided	Yes
Storage	6m³ per dwelling	Each unit has a storage area of at least 6m³.	Yes

Stormwater Assessment
Existing Stormwater System	Gravity to street
Proposed Stormwater System	Gravity to street
Stormwater objectives for development type met?	Consistent
Slope to rear (measured centreline of site)	No
Gravity to street (from property boundary to street kerb)?	Yes
Discharge into same catchment?	Yes
Easement required?	No

(1) Minimum Side Boundary Setbacks (Building Envelope)

The proposed development seeks a variation to the building envelope for the eastern and western side of the proposal. The eastern neighbour comprises a ground level car parking area for the development to the south (rear) of the subject site and the western neighbour is a multiple dwelling development with its access driveway adjoining the eastern boundary of the subject site.

In order to improve the solar access to the eastern/southern (rear) neighbor, the proposal was designed with an increased rear setback on the second floor of between 8.48m and 12.5m.

This equates to the reduction of floor space on the top floor adjoining the southern boundary of approximately 70sqm. This lost area has been made up on predominately the eastern and to a lesser extent on the western elevation of the proposal. Essentially the building has been made shorter and wider on the top floor in order to provide for more appropriate solar access for the rear neighbour.

The widening of the building on the top floor has resulted in a proposal that varies the side boundary building controls. The variation is a 3.3m to 3.8m on the eastern elevation and 3m to 3.2m on the western elevation.

The shortening of the building on the top floor has resulted in a building envelope at the rear that exceeds the minimum rear boundary setback for the first floor by a minimum of 705mm and a maximum of 4.195m.

The variation has been sought in order to reduce the impact of the proposal on adjoining properties. The additional overshadowing on the car park to the east and the neighbouring access driveway to the west is considered to be a more meritorious outcome than a complying development which would overshadow the principal private open space and communal courtyard of the adjoining southern neighbour. For this reason the variation is supported in this instance.

RECENT LAND & ENVIRONMENT COURT DECISIONS

FM Holdings Pty Limited v Hurstville City Council – 50-52 Lawrence Street, Peakhurst (April, 2014)

In assessing amended plans lodged by the applicant in this case, Commissioner Morris, noted that these plans “address the original contentions that relate to non-compliance with the development standards for height and FSR”.

In this regard “the only breach of the height development standard is for the roof structure of the lift overrun and that, in accordance with the provisions of clause5.6 of the LEP, consent may be granted for an architectural feature above the 12m height standard…”

The Commissioner also commented on building envelope, bulk and scale matters noting that the proposals breach is acceptable and is the result of what is considered an “awkward planning control for a sloping site”. Remedies by way of stepping the floor plate and unnecessary excavation were not considered appropriate given the relatively small footprint of the building.

Further the Commissioner concluded that:

The applicant has made significant changes to the plans for the proposal following the council’s determination of the application. Those changes have gone a long way to address the contentions, importantly, have also ensured compliance with the relevant development standards contained in the LEP and the majority of controls contained in the Development Control Plan. This is particularly important in an area undergoing transition, as is the case for this site. The area has been rezoned from low density, single dwelling houses to permit three storey residential flat buildings. This fact will result in change to the streetscape and character of the area.”

“Having regard to the evidence, the provisions of the LEP and Development Control Plan and those matters prescribed under Section 79C of the Environmental Planning and Assessment Act 1979, I am satisfied that the plans now before the Court are either compliant with the council’s planning controls or meet the objectives of those controls, and where not met, the variations are minor. For this reason, it is appropriate for the consent to be granted.

It is apparent that the Land and Environment Court will accept compliance with FSR and height controls, and minor variations where the objectives of those controls are met. It is considered the subject development application meets these requirements and is satisfactory.

4. Impacts

Natural Environment

Four (4) trees are to be removed from the site due to them being within the footprint or impacted by the building works. The trees proposed for removal include three (3) x pine trees and a magnolia. These are not identified as significant species under the Hurstville Local Environmental Plan 2012 however as they are in excess of 3m in height a condition in relation to the appropriate removal of these trees will be included in the consent.

The proposal also retains three (3) trees on site and has been designed so as to maintain the significant tea trees on the adjoining site to the rear.

Built Environment

The proposed development is unlikely to have an adverse impact on the built environment and is considered to be appropriate in terms of its scale, bulk and height. The development complies with the relevant requirements except the building envelope. This variation is supported as discussed in the report as it results in no unreasonable impacts to adjoining developments.

Social Impact

The proposal is for permitted residential purpose and will not have any adverse social impact.

Economic Impact

The proposal is unlikely to have an adverse economic impact.

Suitability of the Site

The subject site is suitable for this type of development.

5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Residents

Streetscape/Character

The submission notes that the proposal is a “blockier” development with a flat roof and dark colour finishes, while the majority of developments in the street have pitched rooves and lighter renders and finishes. For this reason the submission has concluded that the proposal does not comply with the context and aesthetics requirements of SEPP 65.

Comment: The built form and roof design is appropriate. No defined character is visible in the immediate vicinity with a range of built forms obvious in the area. The proposal is located adjacent to a car park and is directly opposite a retail building with a flat roof and as such the design is considered to be appropriate.

Council Referrals

Team Leader Subdivision and Development

Council’s Team Leader Subdivision and Development has examined the application and has raised no objection subject to conditions of consent.

External Referrals

Design Review Panel

The comments of the Design Review Panel have been discussed in the report above under the section entitled “State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development”.

6. CONCLUSION

The application seeks permission to demolish the existing structures and construct a residential flat building containing twelve (12) units and basement car parking area. The development has been assessed against the requirements of the relevant planning instruments and Development Control Plans and complies except in the building envelope for the eastern and western elevations. This variation is supported as it has no adverse impacts to adjoining developments, and improves amenity to the existing rear neighbour.

One (1) submission was received in relation to the development. The submission has been discussed and addressed in the report. Accordingly the application is recommended for approval subject to conditions of consent.

DETERMINATION

THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council, grants development consent to Development Application No DA2014/1168 for the demolition of existing structures and construction of a residential flat building containing twelve (12) units with basement car parking and strata subdivision on Lot 8 DP 19859 and known as 7 and 9 Webb Street Riverwood, subject to the attached conditions:

Schedule A – Site Specific Conditions

GENERAL CONDITIONS

These conditions have been imposed to ensure that the development is carried out in accordance with the approved plans and to ensure that the appropriate fees and bonds are paid in relation to the development.

1. GEN1001 - Approved Plans - The development must be implemented in accordance with the approved plans and supporting documentation listed below which have been endorsed by Council’s approved stamp, except where marked up on the plans and/or amended by conditions of this consent:

Reference No.	Date	Description	Revision	Prepared by
DA01 B	01/04/2015	Site Analysis Plan and Basement Plan	B	Cornerstone Design
DA02 B	01/04/2015	Ground Floor Plan and First Floor Plan	B	Cornerstone Design
DA03 B	01/04/2015	Second Floor Plan and Roof Plan	B	Cornerstone Design
DA04 B	01/04/2015	Elevations	B	Cornerstone Design
DA05 B	01/04/2015	Section A-A, Streetscape and Driveway Profile	B	Cornerstone Design
14-2914 L01 Sheet 1 of 2	02.04.15	Landscape Plan	A	Zenith Landscape Design
14-2914 L01 Sheet 2 of 2	02.04.15	Existing Tree and Details	A	Zenith Landscape Design

2. GEN1002 - Fees to be paid to Council - The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:

(a) Fees to be paid to Council:

Schedule of fees, bonds and contributions

Fee Type	Paid	Amount	Receipt Date	Receipt No
Development Application Fee	X	$3,191.00	12 Dec 14	2025367
Plan First Fee	X	$1,612.80	12 Dec 14	2025367
Notification Fee	X	$320.00	12 Dec 14	2025367
DA Advertising Fee	X	$1,105.00	12 Dec 14	2025367
Design Review Panel - Admin Fee	X	$103.00	12 Dec 14	2025367
Design Review Panel Fee	X	$1,273.00	12 Dec 14	2025367
Long Service Levy		$8,820.00
Builders Damage Deposit		$6,000.00
Inspection Fee for Refund of Damage Deposit		$135.00
S94 Residential (Community Facilities)		$13,606.28
S94 Residential (Open Space, Recreation, Public Domain)		$96,202.18

The following fees apply when you submit an application to Council for the Subdivision Certificate.

Subdivision Application Fee	X	$1,110.00	12 Dec 14	2025367
Subdivision Certificate Fee		$1,690.00
S88B Checking Fee		$300.00

The following fees apply where you appoint Council as your Principal Certifying Authority (PCA). (If you appoint a private PCA, separate fees will apply)

PCA Services Fee		$3,125.00
Construction Certificate Application Fee		$3,125.00
Construction Certificate Imaging Fee		$229.00

3. GEN1003 - Section 94 Contributions - Residential Development (Community Facilities and Open Space, Recreation, Public Domain)

a. Amount of Contribution

Pursuant to Section 94 of the Environmental Planning and Assessment Act, 1979 (as amended) and Hurstville Section 94 Development Contributions Plan 2012 the following contributions towards the cost of providing facilities shall be paid to Council:

Contribution Category Amount

Community Facilities $13,606.28

Open Space, Recreation and Public Domain Facilities $96,202.18

Total: $109,808.46

This condition and contribution is imposed to ensure that the development makes adequate provision for the demand it generates for public amenities and public services within the area.

b. Indexing

The above contributions will be adjusted at the time of payment to reflect changes in the Consumer Price Index (All Groups Index) for Sydney, in accordance with the provisions of the Hurstville Section 94 Development Contributions Plan 2012.

c. Timing and Method of Payment

The contribution must be paid prior to the release of the Construction Certificate as specified in the development consent

Please contact Council prior to payment to determine whether the contribution amounts have been indexed from that indicated above in this consent and the form of payment that will be accepted by Council.

Contributions must be receipted by Council before a Construction Certificate is issued.

A copy of the Hurstville Section 94 Development Contributions Plan 2012 may be inspected or a copy purchased at Council’s offices (Civic Centre, MacMahon Street, Hurstville) or viewed on Council’s website www.hurstville.nsw.gov.au/Strategic-Planning.html.

4. GEN1014 - Long Service Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.

5. GEN1016 - Damage Deposit - Major Works - In order to insure against damage to Council property the following is required:

(a) Payment to Council of a damage deposit for the cost of making good any damage caused to any Council property as a result of the development: $6,000.

(b) Payment to Council of a non-refundable inspection fee to enable assessment of any damage and repairs where required: $135.

(i) review the dilapidation report prepared prior to the commencement works;

(ii) review the dilapidation report prepared after the completion of works;

(iii) Review the Works-As-Executed Drawings (if applicable); and

(iv) inspect the public works.

The damage deposit will be refunded in full upon completion of work where no damage occurs and where Council is satisfied with the completion of works. Alternatively, the damage deposit will be forfeited or partly refunded based on the damage incurred.

(d) Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.

(e) Fees and charges above are subject to change and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government Authorities, applicable at the time of payment.

SEPARATE APPROVALS UNDER OTHER LEGISLATION

These conditions have been imposed to ensure that the applicant is aware of any separate approvals required under other legislation, for example: approvals required under the Local Government Act 1993 or the Roads Act 1993.

6. APR6001 - Engineering - Section 138 Roads Act and Section 68 Local Government Act 1993

Unless otherwise specified by a condition of this consent, this Development Consent does not give any approval to undertake works on public infrastructure.

A separate approval is required to be lodged and approved under Section 138 of the Roads Act 1993 and/or Section 68 of the Local Government Act 1993 for any of the following activities carried out in, on or over a public road (including the footpath):

(a) Placing or storing materials or equipment;

(b) Placing or storing waste containers or skip bins;

(d) Swinging or hoisting goods over any part of a public road by means of a lift, crane or the like;

(e) Pumping concrete from a public road;

(f) Pumping water from the site into the public road;

(g) Constructing a vehicular crossing or footpath;

(h) Establishing a “works zone”;

(i) Digging up or disturbing the surface of a public road (e.g. Opening the road for the purpose of connections to utility providers);

(j) Stormwater and ancillary works in the road reserve; and

(k) Stormwater and ancillary to public infrastructure on private land

(l) If any excavation is to be supported by the use of below ground (cable) anchors that are constructed under Council’s roadways/footways.

These separate activity approvals must be obtained and evidence of the approval provided to the Certifying Authority prior to the issue of the Construction Certificate.

The relevant Application Forms for these activities can be downloaded from Hurstville City Council’s website at: www.hurstville.nsw.gov.au/Forms.html

For further information, please contact Council’s Customer Service Centre on (02)9330 6222.

7. APR6003 - Engineering - Vehicle Crossing and Frontage work - Major Development - The following vehicular crossing and road frontage works will be required to facilitate access to and from the proposed development site:

(a) Construct a 150mm thick concrete vehicular crossing reinforced with F72 fabric in accordance with Council’s Specifications for vehicular crossings.

(b) Any existing vehicular crossing and/or laybacks which are redundant must be removed. The kerb and gutter, any other footpath and turf areas shall be restored at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works. The work shall be carried out by a private contractor, subject to Council approval.

8. APR6004 - Engineering - Road Opening Permit - A Road Opening Permit must be obtained from Council, in the case of local or regional roads, or from the Roads and Maritime Services, in the case of State roads, for every opening of a public road reserve to access services including sewer, stormwater drains, water mains, gas mains, and telecommunications before the commencement of work in the road.

REQUIREMENTS OF OTHER GOVERNMENT AGENCIES

These conditions have been imposed by other NSW Government agencies either through their role as referral bodies, concurrence authorities or by issuing General Terms of Approval under the Integrated provisions of the Environmental Planning and Assessment Act 1979.

9. GOV1008 - Sydney Water - Section 73 Certificate - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation. Application must be made through an authorised Water Servicing Coordinator. Please refer to the Plumbing, Building and Developing section of Sydney Water’s website to locate a Water Servicing Coordinator in your area. Visit: www.sydneywater.com.au

A "Notice of Requirements" will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Coordinator, as it can take some time to build water/sewer pipes and this may impact on other services and building, driveway or landscape design.

The “Notice of Requirements” must be submitted prior to the commencement of work.

10. GOV1009 - Sydney Water - Section 73 Compliance Certificate - A Section 73 Compliance Certificate under the Sydney Water Act must be submitted to the Principal Certifying Authority prior to the issue of the Occupation/Subdivision or Strata Certificate.

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

These conditions either require modification to the development proposal or further investigation/information prior to the issue of the Construction Certificate to ensure that there is no adverse impact.

11. CC3014 - Development Engineering - Allocation of car parking and storage areas - A plan showing the allocation of each car space and storage area to each individual unit in accordance with the conditions of the development consent shall be prepared. This plan shall accompany the application for the Construction Certificate.

12. CC3018 - Development Engineering - Existing Sewer Main - Council’s records indicate that a Sewer main passes through the site.

The requirements of Sydney Waters shall be satisfied for the construction of the proposed building.

13. CC2004 - Development Assessment - Design Changes - The following design changes are required and are to be incorporated into the plans to be lodged with the Construction Certificate application.

(a) The submitted landscape plan is to detail the provision of a brushbox (Lophostemon confertus) street tree in front of the site.

14. CC2001 - Development Assessment - Erosion and Sedimentation Control - Erosion and sediment controls must be provided to ensure:

(a) Compliance with the approved Erosion and Sediment Control Plan

(b) Removal or disturbance of vegetation and top soil is confined to within 3m of the approved building area (no trees to be removed without approval)

(d) silt fences, stabilised entry/exit points or other devices are installed to prevent sediment from entering drainage systems or waterways

(e) all erosion and sediment controls are fully maintained for the duration of demolition, excavation and/or development works

(f) controls are put into place to prevent tracking of sediment by vehicles onto adjoining roadway

(g) all disturbed areas are rendered erosion-resistant by turfing, mulching, paving or similar

(h) Compliance with Managing Urban Stormwater - Soils and Construction (Blue Book) produced by Landcom 2004.

These measures are to be implemented before the commencement of work (including demolition and excavation) and must remain until the issue of the Occupation Certificate.

15. CC2008 - Development Assessment - Landscape Plan - A detailed landscape plan, drawn to scale, by a qualified landscape architect or landscape designer, must be submitted prior to the issue of the Construction Certificate. The plan must include:

(i) Location of existing and proposed structures on the site including existing trees (if applicable);

(ii) Details of earthworks including mounding and retaining walls and planter boxes (if applicable);

(iii) Location, numbers and type of plant species;

(iv) Details of planting procedure and maintenance;

(v) Details of drainage and watering systems.

16. CC2003 - Development Assessment - Construction Site Management Plan - Major Development - A Site Management Plan must be submitted with the application for the Construction Certificate, and must include the following measures:

· location of protective site fencing;

· location of site storage areas/sheds/equipment;

· location of building materials for construction, e.g. stockpiles

· provisions for public safety;

· dust control measures;

· method used to provide site access location and materials used;

· details of methods of disposal of demolition materials;

· method used to provide protective measures for tree preservation;

· provisions for temporary sanitary facilities;

· location and size of waste containers/skip bins;

· details of proposed sediment and erosion control measures;

· method used to provide construction noise and vibration management;

· construction traffic management details.

The site management measures are to be implemented prior to the commencement of any works including demolition and excavation. The site management measures are to be maintained throughout the works, to maintain reasonable levels of public health, safety and amenity. A copy of the Site Management Plan must be retained on site and is to be made available upon request.

17. CC2011 - Development Assessment - BASIX Commitments - All energy efficiency measures as detailed in the BASIX Certificate No. 589470M dated 11 December 2014, approved with the Development Consent DA2014/1168, must be implemented on the plans lodged with the application for the Construction Certificate.

18. CC3001 - Development Engineering - Stormwater System

Reference No.	Date	Description	Revision	Prepared by
14-184	11.11.14	Concept Stormwater Plans	A	Soliman Hanna and Associates

The above submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

The basement waters shall pump to and all other stormwater shall drain by gravity to Council's kerb and gutter directly in front of the development site in accordance with the Australian/New Zealand Standard AS/NZS 3500.3: 2003 (as amended).

19. CC3004 - Development Engineering - Stormwater Drainage Plans - The submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

Stormwater drainage plans including pipe sizes, type, grade, length, invert levels, dimensions and types of drainage pits prepared by a qualified practising hydraulics engineer (with details of qualifications being provided) in accordance with the Australian Institute of Engineers Australian Rainfall and Runoff (1987) and Council's Stormwater Drainage Guidelines, shall accompany the application for the Construction Certificate.

20. CC3005 - Development Engineering - On Site Detention - The submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

An on-site detention (OSD) facility designed by a professional hydrological/hydraulic engineer, shall be installed. The design must include the computations of the inlet and outlet hydrographs and stage/storage relationships of the proposed OSD using the following design parameters:

(a) Peak flow rates from the site are to be restricted to a permissible site discharge (PSD) equivalent to the discharge when assuming the site contained a single dwelling, garage, lawn and garden, at Annual Recurrence Intervals of 2 years and 100 years.

Refer to Flow Controls in Council's Draft/Adopted Stormwater Drainage Policy.

(b) The OSD facility shall be designed to meet all legislated safety requirements and childproof safety fencing around the facility must be provided where the OSD facility is open or above ground when the design peak storage depth is greater than 300mm. A durable metal plate or similar sign is to be placed at the OSD facility and must bear the words:

This is an on-site detention basin/tank and is subject to possible surface overflow during heavy storms.

Full details shall accompany the application for the Construction Certificate

21. CC5002 - Trees - Tree Protection and Retention - All trees listed for retention both on the subject site and on adjoining sites shall be protected and maintained during demolition, excavation and construction of the site. The tree protection measures must be in undertaken in accordance AS4970-2009 Protection of trees on development sites. Details of the tree protection measures to be implemented must be provided with the application for a Construction Certificate by a suitably qualified Arborist (AQF Level 4 or above in Arboriculture) and must be retained thorough all stages of construction.

22. CC5003 - Trees - Tree Removal and Replacement - Private Land - Permission is granted for the removal of the trees listed for removal on the approved landscape plans. Replacement trees selected from the list of suitable species in the Hurstville City Council’s Tree Removal and Pruning Guidelines must be replanted within the front yard of the subject site. Trees are to be replanted a minimum of 3m away from any driveway, building or structure.

The selected trees shall have a minimum pot size of 75 litres. A copy of Hurstville Council’s Tree Removal and Pruning Guidelines, can be downloaded from Council’s website www.hurstville.nsw/Residents/Tree-Management.

23. CC6004 - Engineering - Traffic Management - Compliance with AS2890 - All driveways, access ramps, vehicular crossings and car parking spaces shall be designed and constructed in accordance with the current version of Australian Standards, AS 2890.1 (for car parking facilities) and AS 2890.2 (for commercial vehicle facilities).

24. CC7004 - Building - Structural details - Structural plans, specifications and design statement prepared and endorsed by a suitably qualified practising structural engineer who holds the applicable Certificate of Accreditation as required under the Building Professionals Act 2005 shall be submitted along with the Construction Certificate application to the Certifying Authority for any of the following, as required by the building design:

(a) piers

(b) footings

(d) columns

(e) structural steel

(f) reinforced building elements

(g) retaining walls

(h) stabilizing works

(i) structural framework

25. CC8001 - Waste - Waste Management Plan - A Waste Management Plan incorporating all requirements in respect of the provision of waste storage facilities, removal of all materials from the site that are the result of site, clearing, extraction, and, or demolition works and the designated Waste Management Facility shall be submitted to the Principal Certifying Authority and copy provided to the Manager - Environmental Services, Hurstville City Council prior to the issue of any Construction Certificate.

26. CC8002 - Waste - Waste Storage Containers - Home Units (Residential Flat Development) - The following waste and recycling facilities will be required:

Domestic Waste:- 6 x 240 litre Mobile Garbage Bins (MGB’s);

Domestic Recycling:- 4 x 240 litre MGB’s.

All waste and recycling containers shall be stored in an approved waste storage area that is large enough to store the required number of bins.

The location of the proposed Waste Storage Area as shown on the submitted plan is not easily accessible for Council’s Waste Contractor to service the bins. Accordingly, it will be the responsibility of the Owners Corporation to present the MGB’s for collection and return them to the storage area after they have been emptied.

PRIOR TO THE COMMENCEMENT OF WORK (INCLUDING DEMOLITION AND EXCAVATION)

These conditions have been imposed to ensure that all pre-commencement matters are dealt with and finalised prior to the commencement of work.

27. PREC2001 - Building regulation - Site sign - Soil and Erosion Control Measures - Prior to the commencement of works (including demolition and excavation), the durable site sign issued by Hurstville City Council in conjunction with this consent must be erected in a prominent location on site. The site sign warns of the penalties which apply to pollution, storing materials on road or footpath and breaches of the conditions relating to erosion and sediment controls. The sign must remain in a prominent location on site up until the completion of all site and building works.

28. PREC2002 - Development Assessment - Demolition and Asbestos - The demolition work shall comply with the provisions of Australian Standard AS2601:2011 - Demolition of Structures, NSW Work Health and Safety Act 2011 and the NSW Work Health and Safety Regulation 2011. The work plans required by AS2601-2001 shall be accompanied by a written statement by a suitably qualified person that the proposals contained in the work plan comply with the safety requirements of the Standard. The work plans and the safety statement shall be submitted to the Principal Certifying Authority prior to the commencement of works.

For demolition work which involves the removal of asbestos, the asbestos removal work must be carried out by a licensed asbestos removalist who is licensed to carry out the work in accordance with the NSW Work Health and Safety Act 2011 and the NSW Work Health and Safety Regulation 2011 unless specified in the Act and/or Regulation that a license is not required.

The asbestos removal work shall also be undertaken in accordance with the How to Safely Remove Asbestos: Code of Practice published by Work Cover NSW.

Copies of the Act, Regulation and Code of Practice can be downloaded free of charge from the Work Cover NSW website: www.workcover.nsw.gov.au

29. PREC2008 - Development Assessment - Demolition Notification Requirements - The following notification requirements apply to this consent:

a) The developer /builder must notify adjoining residents five (5) working days prior to demolition. Such notification is to be a clearly written note giving the date demolition will commence, contact details of the developer/builder, licensed asbestos demolisher and the appropriate regulatory authority. Notification is to be placed in the letterbox of every premises (including every residential flat or unit, if any) either side and immediately at the rear of the demolition site.

b) Five (5) working days prior to demolition, the developer/builder is to provide written notification to Hurstville City Council advising of the demolition date, details of the WorkCover licensed asbestos demolisher and the list of residents advised of the demolition.

c) On demolition sites where buildings to be demolished contain asbestos, a standard commercially manufactured sign containing the words “DANGER ASBESTOS REMOVAL IN PROGRESS” measuring not less than 400mm x 300mm is to be erected in a prominent visible position (from street frontage) on the site. The sign is to be erected prior to demolition work commencing and is to remain in place until such time as all asbestos material has been removed from the site to an approved waste facility.

30. PREC2009 - Development Assessment - Demolition work involving asbestos removal - Work involving bonded asbestos removal work (of an area of more than 10 square metres) or friable asbestos removal work must be undertaken by a person who carries on a business of such removal work in accordance with a licence under clause 458 of the Work Health and Safety Regulation 2011.

31. PREC6001 - Engineering - Dial before your dig - The applicant shall contact “Dial Before You Dig on 1100” to obtain a Service Diagram prior to the issuing of the Construction Certificate. The sequence number obtained from “Dial Before You Dig” shall be forwarded to Council’s Engineers for their records.

32. PREC7001 - Building - Registered Surveyors Report - During Development Work - A report must be submitted to the Principal Certifying Authority at each of the following applicable stages of construction:

(a) Set out before commencing excavation.

(b) Floor slabs or foundation wall, before formwork or commencing brickwork.

(c) Completion of Foundation Walls - Before any construction of flooring, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans.

(d) Completion of Floor Slab Formwork - Before pouring of concrete/walls construction, detailing the location of the structure relative to adjacent boundaries and floor levels relative to the datum shown on the approved plans. In multi-storey buildings a further survey must be provided at each subsequent storey.

(e) Completion of any Roof Framing - Before roof covered detailing eaves/gutter setback from boundaries.

(f) Completion of all Work - Detailing the location of the structure (including eaves/gutters) relative to adjacent boundaries and its height relative to the datum shown on the approved plans. A final Check Survey must indicate the reduced level of the main ridge.

Work must not proceed beyond each stage until the Principal Certifying Authority is satisfied that the height and location of the building is proceeding in accordance with the approved plans.

DURING WORK

These conditions have been imposed to ensure that there is minimal impact on the adjoining development and surrounding locality during the construction phase of the development.

33. CON2001 - Development Assessment - Hours of construction, demolition and building related work - Any work activity or activity associated with the development consent that requires the use of any tools (including hand tools) or any power operated plant and machinery that creates noise on or adjacent to the site shall not be performed, or permitted to be performed, except between the hours of 7.00 am to 5.00 pm, Monday to Saturday inclusive. No work or ancillary activity shall be permitted to be performed on any Sunday, Good Friday, Christmas Day or any Public Holiday. A penalty infringement notice may be issued for any offence.

In addition to the foregoing requirements, construction work on all buildings (except that on single dwelling houses and associated structures on the site of a single dwelling house) shall be prohibited on Saturdays and Sundays on weekends adjacent to a public holiday.

34. CON2002 - Development Assessment - Ground levels and retaining walls - The ground levels of the site shall not be excavated, raised or filled, or retaining walls constructed on the allotment boundary, except where indicated on approved plans or approved separately by Council.

35. CON5001 - Trees - Tree Removal on Private Land - The trees identified as ‘to be removed/pruned’ on the approved plans or by conditions of this consent shall be removed in accordance with AS4373 -2007 Pruning of Amenity Trees and the Trees Work Industry Code of Practice (WorkCover NSW, 1998).

36. CON6002 - Engineering - Obstruction of Road or Footpath - The use of the road or footpath for the storage of any building materials, waste materials, temporary toilets, waste or skip bins, or any other matter is not permitted unless separately approved by Council under Section 138 of the Roads Act and/or under Section 68 of the Local Government Act 1993. Penalty Infringement Notices may be issued for any offences and severe penalties apply.

37. CON8001 - Waste - Waste Management Facility - All materials removed from the site as a result of demolition, site clearing, site preparation and, or excavation shall be disposed of at a suitable Waste Management Facility. Copies of all receipts for the disposal, or processing of all such materials shall be submitted to the Principal Certifying Authority and a copy provided to the Manager Environmental Services, Hurstville City Council.

PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE

These conditions have been imposed to ensure that all works have been completed in accordance with the Development Consent prior to the issue of the Occupation Certificate.

38. OCC3008 - Development Engineering - Consolidation of Site - The site shall be consolidated into one allotment by a Plan of Consolidation being prepared by a Registered Surveyor. This Plan shall be registered at the NSW Department of Lands prior to the issue of any occupation certificate (interim or final occupation certificate).

39. OCC2004 - Development Assessment - BASIX Compliance Certificate - A Compliance Certificate must be provided to the Principal Certifying Authority regarding the implementation of all energy efficiency measures as detailed in the BASIX Certificate 589470M dated 11 December 2014, approved with the Development Consent DA2014/1168, before issue of the Occupation Certificate.

40. OCC2005 - Development Assessment - Completion of Landscape Works - All landscape works must be completed before the issue of the Final Occupation Certificate.

41. OCC2007 - Development Assessment - Allocation of car parking spaces - Car parking associated with the development is to be allocated as follows:

(a) Residential dwellings: twelve (12) including two (2) disabled spaces

(b) Residential visitors: four (4)

42. OCC6002 - Engineering - Vehicular crossing and Frontage work - Major development - The following vehicular crossing and road frontage works will be required to facilitate access to and from the proposed development site:

(a) Construct a 150mm thick concrete vehicular crossing reinforced with F72 fabric in accordance with Council’s Specifications for vehicular crossings.

A private contractor shall carry out the above work, at the expense of the beneficiary of this consent and in accordance with Council’s Specification for Vehicular Crossings and Associated Works.

The driveway and road frontage works are to be completed before the issue of the Occupation Certificate.

PRIOR TO THE ISSUE OF THE SUBDIVISION CERTIFICATE

These conditions have been imposed to ensure that all works have been completed in accordance with the Development Consent prior to the issue of the Subdivision Certificate.

43. SUBS9001 - Subdivision - Completion of Site Works - The following works shall be completed on site and documentation submitted prior to the issue of the Subdivision Certificate:

(a) Construction Requirements

The structures of the building(s) that define the boundaries of all parts of the Strata Lots, including the Common Property shall be constructed in accordance with the approved plans and conditions of Development Consent No DA2014/1168.

This shall include the completion of all internal driveways/ramps and hardstand areas for car spaces on the site prior to the issue of the Strata Certificate.

(b) Unit Numbering

Permanent Apartment type numbers shall be installed in a prominent position adjacent to the entrance of each unit.

Each unit shall be numbered in accordance with the strata plan lot numbering prior to the issue of the Strata Certificate.

Separate letterboxes, for each unit and the Owner's Corporation, shall be provided with permanent type numbers to be installed to each letterbox prior to the issue of the Strata Certificate.

(d) Street Number

The street number 7-9 is to be displayed in a prominent location in the front of the site prior to the issue of the Strata Certificate.

(e) Car parking space marking and numbering

Each basement car space shall be line marked with paint and numbered in accordance with the unit numbering prior to the issue of the Strata Certificate.

(f) Visitor Parking Sign

“Visitor Parking" signs shall be installed adjacent to any and all visitor car spaces prior to the issue of the Strata Certificate.

(g) On Site Detention Sign

A screw-on professionally made sign shall be installed adjacent to any on-site detention facility prior to the issue of the Strata Certificate. The sign shall contain the following text (or similar):

This on-site detention facility is subject to possible surface overflow during heavy storms.

(h) Courtyard Fencing

All courtyard fencing is to be completed on site prior to the issue of the Strata Certificate.

(i) Compliance Certificate from Sydney Water

A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

Application must be made through an authorised Water Servicing Co-ordinator. Please refer to the Building Developing and Plumbing section of the web site www.sydneywater.com.au then refer to "Water Servicing Co-ordinator" under "Developing Your Land" or telephone 13 20 92 for assistance.

The Section 73 Certificate must be submitted to Council prior to the issue of the Strata/Subdivision Certificate.

44. SUBS9002 - Subdivision - Final Strata Plan Requirements - A final Strata Plan shall be prepared by a Registered Surveyor and include (but not be limited to) the following:

(a) Designation of Visitor Car Spaces on Strata Plan

Visitor car spaces shall be designated on the final strata plan as "Visitor Parking - Common Property".

(b) On Site Detention

The location of the on-site detention facility is to be shown on the strata plans by the surveyor and suitably denoted.

A Positive Covenant is to be created pursuant to Section 88B of the Conveyancing Act, 1919 for the maintenance of any on-site detention drainage facilities. This Covenant shall be worded as follows:

It is the responsibility of the lots burdened to keep any "On-Site Detention" facilities, together with any ancillary pumps, pipes, pits etc, clean at all times, maintained in an efficient working condition. The "On-Site Detention" facilities shall not be modified in any way without the prior approval of Council.

Hurstville City Council is to be nominated as the Authority to release, vary or modify this Covenant.

(d) Allocation of Car Parking Spaces, Storage Areas and Common Property on the Final Strata Plan shall be a follows:

i. All car parking spaces shall be created as a part lot of the individual strata’s unit lot in any Strata Plan of the subject building.

ii. All storage areas shall be created as a part lot of the individual strata’s unit lot or a separate Utility Lot (if practical) in any Strata Plan of the subject building.

iii. The minimum number of parking spaces required to be allocated as a part lot to each individual strata’s unit lot shall be in accordance with the car parking requirements of Council's Development Control Plan and as required by the relative development consent for the building construction.

iv. No parking spaces shall be created as an individual strata allotment on any Strata Plan of the subject building unless these spaces are surplus to the minimum number of parking spaces required. If preferred the surplus car spaces shall be permitted to be created as separate Utility Lots, (instead as a part lot of the individual strata’s unit lot), in accordance with section 39 of the Strata schemes (freehold development Act 1973.

45. SUBS9003 - Subdivision - Requirement for application of a Strata Certificate - Section 37 - To enable the determination of the application for a Strata Certificate by Hurstville City Council or an Accredited Strata Certifier, the applicant must submit the following:

(a) Application for Strata Certificate form duly completed with payment of fees current at lodgement; and

(b) Three (3) copies of the Final Strata Plan prepared by a Registered Surveyor in accordance with the above final Strata Plan requirements

(d) The Original of any relevant 88B instrument plus one (1) copy.

(e) A Section 73 (Sydney Water) Compliance Certificate for the development.

IMPORTANT NOTES:

(i) A Strata Certificate cannot be issued unless all relevant conditions of the development consent that are to be satisfied prior to the issue of the Strata Certificate have been complied with.

(ii) Council will check the consent conditions on the relevant Strata Subdivision consent. Failure to submit the required information will delay endorsement of the plan of subdivision.

(iii) Council will undertake the required inspections to satisfy the requirements of clause 29A of the Strata Schemes (freehold Development) Regulation 2007 to determine the Strata Certificate.

(iv) Strata Plans, Administration Sheets, 88B Instruments and copies must not be folded.

(v) All Strata Plans, Strata Plan Administration Sheets and 88B Instruments shall be submitted to Council enclosed in a protective cardboard tube (to prevent damage during transfer).

ONGOING CONDITIONS

These conditions have been imposed to ensure that the use or operation of the development does not adversely impact on the amenity of the neighbourhood or environment.

46. ONG2003 - Development Assessment - Maintenance of Landscaping - All trees and plants forming part of the landscaping must be maintained on an ongoing basis. Maintenance includes watering, weeding, removal of rubbish from tree bases, fertilizing, pest and disease control and any other operations required to maintain healthy trees, plants and turfed areas.

47. ONG3002 - Development Engineering - Notification of Unit Numbers - On the issue of any Strata Certificate the Accredited Strata Certifier shall submit to Council a list of the unit numbers and there corresponding lot numbers.

48. ONG3004 - Development Engineering - Conditions relating to future Strata Subdivision of Buildings

No approval is expressed or implied for the subdivision of the subject building(s). For any future Strata subdivision, a separate Development Application or Complying Development Certificate shall be approved by Council or an Accredited Certifier.

Prior to the issue of any Strata Certificate of the subject building(s) the following conditions shall be satisfied:

(a) Unit Numbering

Apartment type numbers shall be installed adjacent or to the front door of each unit.

The unit number shall coincide with the strata plan lot numbering.

(b) Car Parking Space Marking and Numbering

Each basement car space shall be line marked with paint and numbered in accordance with the strata plan lot numbering.

“Visitor Parking" signs shall be installed adjacent to any and all visitor car spaces prior to the issue of any Strata Certificate.

(c) Designation of Visitor Car Spaces on any Strata Plan

Any Visitor car spaces shall be designated on the final strata plan as "Visitor Parking - Common Property".

(d) Allocation of Car Parking Spaces, Storage Areas and Common Property on any Strata Plan

i. All car parking spaces shall be created as a part lot of the individual strata’s unit lot in any Strata Plan of the subject building.

ii. All storage areas shall be created as a part lot of the individual strata’s unit lot or a separate Utility Lot (if practical) in any Strata Plan of the subject building.

iv. No parking spaces shall be created as an individual strata allotment on any Strata Plan of the subject building unless these spaces are surplus to the minimum number of parking spaces required.

If preferred the surplus car spaces shall be permitted to be created as separate Utility Lots, (instead as a part lot of the individual strata’s unit lot), in accordance with Section 39 of the Strata Schemes (Freehold Development) Act 1973.

The above requirements regarding car parking spaces and storage areas may only be varied with the conditions of a separate Development Application Approval for Strata Subdivision of the Building(s).

(e) On Site Detention Requirements

The location any on-site detention facility shall be shown on the strata plan and suitably denoted.

(f) Creation of Positive Covenant

A Positive Covenant shall be created over any on-site detention facility by an Instrument pursuant to Section 88B of the Conveyancing Act 1919, with the covenant including the following wording:

It is the responsibility of the Owner's Corporation to keep the on-site detention facilities, together with any ancillary pumps, pipes, pits etc, clean at all times and maintained in an efficient working condition. The on-site detention facilities shall not be modified in any way without the prior approval of Hurstville City Council.

Hurstville City Council is to be nominated as the Authority to release, vary or modify this Covenant.

49. ONG3005 - Development Engineering - Additional requirements for the issue of a Strata Certificate - In addition to the statutory requirements of the Strata Schemes (Freehold Development) Act 1973 a Strata Certificate must not be issued which would have the effect of:

(a) The removal of any areas of common property shown upon the approved Development Application plans and allocated to any one or more strata lots,

(b) The removal of any visitor parking spaces from the strata scheme and allocated to any one or more strata lots , or

(d) Under no circumstances shall any future Strata By-Laws be created to grant exclusive use of nominated Visitors Parking spaces to occupants/owners of units or tenancies within the building.

50. ONG3006 - Development Engineering - Ongoing maintenance of the on-site detention system - The Owner(s) must in accordance with this condition and any positive covenant:

(a) Permit stormwater to be temporarily detained by the system;

(b) Keep the system clean and free of silt rubbish and debris;

(c) If the car park is used as a detention basin, a weather resistant sign must be maintained in a prominent position in the car park warning residents that periodic inundation of the car park may occur during heavy rain;

(d) Maintain renew and repair as reasonably required from time to time the whole or part of the system so that it functions in a safe and efficient manner and in doing so complete the same within the time and in the manner reasonably specified in written notice issued by the Council;

(e) Carry out the matters referred to in paragraphs (b) and (c) at the Owners expense;

(f) Not make any alterations to the system or elements thereof without prior consent in writing of the Council and not interfere with the system or by its act or omission cause it to be interfered with so that it does not function or operate properly;

(g) Permit the Council or its authorised agents from time to time upon giving reasonable notice (but at any time and without notice in the case of an emergency) to enter and inspect the land with regard to compliance with the requirements of this covenant;

(h) Comply with the terms of any written notice issued by Council in respect to the requirements of this clause within the time reasonably stated in the notice;

(i) Where the Owner fails to comply with the Owner’s obligations under this covenant, permit the Council or its agents at all times and on reasonable notice at the Owner’s cost to enter the land with equipment, machinery or otherwise to carry out the works required by those obligations;

(j) Indemnify the Council against all claims or actions and costs arising from those claims or actions which Council may suffer or incur in respect of the system and caused by an act or omission by the Owners in respect of the Owner’s obligations under this condition.

ADVICE

This advice has been included to provide additional information and where available direct the applicant to additional sources of information based on the development type.

51. ADV2002 - Development Assessment - Site Safety Fencing - Site fencing must be erected in accordance with WorkCover Guidelines, to exclude public access to the site throughout the demolition and/or construction work, except in the case of alterations to an occupied dwelling. The fencing must be erected before the commencement of any work and maintained throughout any demolition and construction work.

For more information visit www.workcover.nsw.gov.au

Schedule B – Prescribed Conditions

Prescribed conditions are those which are mandated under Division 8A of the Environmental Planning and Assessment Regulation 2000 and given weight by Section 80A (11) of the Environmental Planning and Assessment Act 1979.

Detailed below is a summary of all the prescribed conditions which apply to development in New South Wales. Please refer to the full details of the prescribed conditions as in force, at www.legislation.nsw.gov.au.

It is the responsibility of the beneficiary of this consent to determine which prescribed conditions apply.

52. PRES1001 - Clause 97A – BASIX Commitments - This Clause requires the fulfilment of all BASIX Commitments as detailed in the BASIX Certificate to which the development relates.

53. PRES1002 - Clause 98 – Building Code of Australia & Home Building Act 1989 - Requires all building work to be carried out in accordance with the Building Code of Australia. In the case of residential building work to which the Home Building Act 1989 relates, there is a requirement for a contract of insurance to be in force before any work commences.

54. PRES1003 - Clause 98A – Erection of Signs - Requires the erection of signs on site and outlines the details which are to be included on the sign. The sign must be displayed in a prominent position on site and include the name and contact details of the Principal Certifying Authority and the Principal Contractor.

55. PRES1004 - Clause 98B – Home Building Act 1989 - If the development involves residential building work under the Home Building Act 1989, no work is permitted to commence unless certain details are provided in writing to Council. The name and licence/permit number of the Principal Contractor or Owner Builder and the name of the Insurer by which work is insured under Part 6 of the Home Building Act 1989.

56. PRES1007 - Clause 98E – Protection & support of adjoining premises - If the development involves excavation that extends below the level of the base of the footings of a building on adjoining land, this prescribed condition requires the person who benefits from the development consent to protect and support the adjoining premises and where necessary underpin the adjoining premises to prevent any damage.

Schedule C – Operational & Statutory Conditions

These conditions comprise the operational and statutory conditions which must be satisfied under the Environmental Planning and Assessment Act 1979 and the Environmental Planning & Assessment Regulation 2000. Please refer to the full details of the Act and Regulations as in force, at www.legislation.nsw.gov.au.

It is the responsibility of the beneficiary of this consent to determine which operational and statutory conditions apply.

57. OPER1001 - Requirement for a Construction Certificate - The erection of a building must not commence until a Construction Certificate has been issued by the consent authority, the Council (if the Council is not the consent authority) or an accredited certifier.

An application form for a Construction Certificate is attached for your convenience.

58. OPER1002 - Appointment of a Principal Certifying Authority - The erection of a building must not commence until the beneficiary of the development consent has:

(a) appointed a Principal Certifying Authority (PCA) for the building work; and

(b) if relevant, advised the PCA that the work will be undertaken as an Owner-Builder.

If the work is not going to be undertaken by an Owner-Builder, then the beneficiary of the consent must:

(a) appoint a Principal Contractor to undertake the building work. If residential building work (within the meaning of the Home Building Act 1989) is to be undertaken, the Principal Contractor must be a holder of a contractor licence; and

(b) notify the PCA of the details of any such appointment; and

(c) notify the Principal Contractor of any critical stage inspections or other inspections that are required to be carried out in respect of the building work.

An Information Pack is attached for your convenience should you wish to appoint Hurstville City Council as the Principal Certifying Authority for your development.

59. OPER1003 - Notification of Critical Stage Inspections - No later than two (2) days before the building work commences, the PCA must notify:

(a) the consent authority and the Council (if not the consent authority) of his or her appointment; and

(b) the beneficiary of the development consent of the critical stage inspections and other inspections that are to be carried out with respect to the building work.

60. OPER1004 - Notice of Commencement - The beneficiary of the development consent must give at least two (2) days’ notice to the Council and the PCA of their intention to commence the erection of a building.

A Notice of Commencement Form is attached for your convenience.

61. OPER1005 - Subdivision Work – Construction Certificate & Appointment of Principal Certifying Authority - Subdivision work in accordance with a development consent cannot commence until:

(a) A Construction Certificate has been issued by the consent authority, the council (if not the consent authority) or an accredited certifier; and

(b) The beneficiary of the consent has appointed a Principal Certifying Authority for the subdivision work.

No later than two (2) days before the subdivision work commences, the PCA must notify:

(a) The consent authority and the council (if not the consent authority) of his or her appointment; and

(b) The beneficiary of the development consent of the critical stage inspections and other inspections that are to be carried out with respect to the subdivision work.

An Information Pack is attached for your convenience should you wish to appoint Hurstville City Council as the Principal Certifying Authority for your development.

62. OPER1006 - Subdivision work – Notice of Commencement - The beneficiary of the development consent must give at least two (2) days’ notice to the Council and the PCA of their intention to commence the subdivision works.

A Notice of Commencement Form is attached for your convenience.

63. OPER1007 - Critical Stage Inspections - The last critical stage inspection must be undertaken by the Principal Certifying Authority. The critical stage inspections required to be carried out vary according to Building Class under the Building Code of Australia and are listed in Clause 162A of the Environmental Planning and Assessment Regulation 2000.

64. OPER1008 - Notice to be given prior to critical stage inspections - The principal contractor for a building site, or the owner-builder, must notify the principal certifying authority at least 48 hours before each required inspection needs to be carried out.

Where Hurstville City Council has been appointed PCA, forty eight (48) hours’ notice in writing, or alternatively twenty four (24) hours’ notice by facsimile or telephone, must be given to when specified work requiring inspection has been completed.

65. OPER1009 - Occupation Certificate - A person must not commence occupation or use of the whole or any part of a new building unless an Occupation Certificate has been issued in relation to the building or part.

Only the Principal Certifying Authority appointed for the building work can issue the Occupation Certificate.

An Occupation Certificate Application Form is attached for your convenience.

If you need more information, please contact the Development Assessment Officer, below on 9330-6222 during normal office hours.

For video relating to 7-9 Webb St Riverwood, click here

APPENDICES

Appendix View1	Location Map - 7 - 9 Webb St Riverwood
Appendix View2	Site Photo - 7 - 9 Webb St Riverwood
Appendix View3	Site Plan - 7 - 9 Webb St Riverwood
Appendix View4	Elevations - 7 - 9 Webb St Riverwood
Appendix View5	Company Extract - Owner - 7-9 Webb St Riverwood (Confidential)

Hurstville City Council – Council Meeting Wednesday, 15 July 2015

CCL769-15 115 Vanessa St Kingsgrove - Use and fit out of Transport Depot

Applicant	Tom Goode
Proposal	Fit out and use of transport depot
Owners	One Funds Management Limited AFT Kingsgrove Property Trust
Report Author/s	Development Assessment Officer, Mr M Raymundo
File	DA2015/0016
Previous Reports Referenced	CCL728-15 - 115 Vanessa St Kingsgrove - Use and fit out of transport depot - Council - 01 Jul 2015 7:00pm
Disclosure of Political Donations or Gifts	No
Zoning	Zone IND2 – Industrial HLEP 2012
Existing Development	Light Industrial warehouse
Cost of Development	$578,000.00
Reason for Referral to Council	Variations to DCP1 and six (6) submissions received including a petition with forty six (46) signatures
Planning Instruments Applicable	Hurstville Local Environmental Plan 2012, State Environmental Planning Policy No 55 – Remediation of Land, Draft State Environmental Planning Policy (Competition) 2010, Development Control Plan No 1 - LGA Wide
Hurstville Local Environment Plan Interpretation of Use	Transport Depot

EXECUTIVE SUMMARY

1. The proposal seeks development consent for use and fit out of transport depot on land known as 115 Vanessa Street, Kingsgrove.

2. The amended proposal seeks variations to Development Control Plan No 1 in relation to hours of operation and staff meal areas.

3. The site is affected by overland flow. The applicant provided a flood study which was externally peer reviewed and is supported subject to conditions of consent.

4. The application was notified to eighty seven (87) adjoining owners/occupiers in accordance with Council’s controls. In response six (6) submissions, which included a petition with forty six (46) signatures, were received. The amended plans were not renotified as this did generate a greater material impact than the original proposal.

5. This application was deferred at the Council meeting of 1 July 2015 for a site inspection. The site inspection was held on 7 July 2015.

6. This report has also been amended to correctly reflect an above ground fuel tank proposed within the existing building.

AUTHOR RECOMMENDATION

THAT the application be approved in accordance with the conditions included in the report.

REPORT DETAIL

DESCRIPTION OF THE PROPOSAL

The proposal seeks development consent for use of site for a transport depot on land known as 115 Vanessa Street, Kingsgrove. The applicant has described the proposal as follows;

· Parking spaces for 60 buses and 52 cars on the hardstand area;

· Drivers will pick up a bus in the morning (from 5.00am) and return it in the afternoon or evening (until 11:30pm) (7 days a week);

· A maximum of two (2) office staff and six (6) workshop staff will work on site between the hours of 7am to 7pm;

The development will involve a fit out of the existing warehouse buildings. This will include;

· Maintenance bays, comprising:

o 3 workshop bays;

o Body shop;

o Chasis bay;

o Wash bay (Sydney Water approved system – drains to oil separator);

· Car parking;

· Line marking/fencing;

· Operations office for permanent staff;

· Staff facilities, including meal room, change room and lockers.

An undercover fuelling station located at the north east of the site is also proposed. This will have a 60,000L capacity and will be self-bundled with recovery pit and warning alarms.

Additional works include:

· Garage doors along the northern elevation;

· Fuel enclosure along the north east side boundary;

· Removal of one (1) tree to accommodate fuel enclosure;

· Clarification of aboveground fuel tank within existing building.

Bus movements

The Applicant has described the bus movements as follows;

The operations of Transdev require that buses be picked up and dropped off between the hours of 5.00 – 23.30. Bus movements via King Georges Road will be restricted to the hours of 7:00 – 19:00 to avoid any potential noise impacts on the residential properties along Vanessa Street to the west of The Crescent. Buses will travel via Kingsgrove Road only during this time.

It is noted that the proposed bus movements are staggered through the morning, afternoon and night.

AMENDED PROPOSAL

The amended proposal seeks the deletion of the use of the ancillary workshop for body repairs and spray painting. The relocation of the fuel enclosure results in the retention of a tree on site.

HISTORY

17 Jul 13 2013/DA-0016 - Subdivision of existing lot into two (2) lots (refused)

17 Sep 14 DA2014/0093 - Industrial warehouse and office development (withdrawn)

26 Jun 14 PRE2014/0013 - Change of use from light industrial to a transport depot

3 Feb 15 DA2015/0016 - Current Development Application lodged

20 Feb – 13 Mar 15 Notification period (originally notified for two (2) weeks and extended one (1) week, resulting in three (3) weeks in total)

17 Mar 15 In response to concerns raised, the applicant advised Council that the amended proposal does not seek approval for body repairs and spray painting

15 May 15 Meeting held with applicant

17 May 15 Stop the clock email requesting additional information

5 Jun 15 Additional information provided - overland flow study, details regarding open structure fuel enclosure 6m in width, 20m in length and 5m in height

17 Jun 15 Flood study externally peer reviewed

24 Jun 15 Comments received supporting flood study

1 Jul 15 Application deferred at Council meeting for a site inspection

7 Jul 15 Site inspection held

DESCRIPTION OF THE SITE AND LOCALITY

The subject site is legally described as Lot 100 in DP 878873 and is known as 115 Vanessa Street, Kingsgrove. The allotment comprises of 2.4ha (comprising of various industrial units), with a portion of this allotment referred to as the subject site located towards the northern end. This comprises of 10,300sqm and includes 7,150sqm comprising of warehouse area and hard stand area. The site is impacted by overland flow.

The immediate surrounding area comprises of industrial zone carrying out various light industrial uses. A Sydney Water open drainage channel adjoins the site to the north. In a greater context residential dwellings are located to the south west and west.

COMPLIANCE AND ASSESSMENT

The development has been inspected and assessed under the relevant Section 79C(1) "Matters for Consideration" of the Environmental Planning and Assessment Act 1979.

1. Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012

The extent to which the proposed development complies with the Hurstville Local Environmental Plan 2012 is detailed and discussed in the table below.

Clause	Standard	Proposal	Complies
1.2 – Aims of the Plan	In accordance with Clause 1.2 (2)	Consistent with the aims of the plan	Yes
1.4 - Definitions	“Transport Depot” and ancillary “Vehicle Repair Shop”	Proposal meets definition of Transport Deport (amended proposal sought to delete ancillary use of “Vehicle Repair Shop”)	Yes
2.3 - Zone objectives and Land Use Table	Meets objectives of IND2 – Light Industrial Zone Development must be permissible with consent: Transport depot: means a building or place used for the parking or servicing of motor powered or motor drawn vehicles used in connection with a business, industry, shop or passenger or freight transport undertaking.	Proposal adequately meets zone objectives and is a permissible use subject to conditioning of the buses to be diverted away from residential areas Development consent sought as part of application	Yes Yes
2.7 – Demolition requires Development Consent	Objectives to be satisfied	Development consent for partial demolition of existing garage doors, walls and minor works.	Yes
4.4 – Floor Space Ratio	1:1 as identified on Floor Space Ratio Map	No increase in floor area as proposal seeks change of use and internal fit out of existing building	Yes
6.7 – Essential Services	The following services that are essential for the development shall be available or that adequate arrangements must be made available when required: · Supply of water, electricity and disposal and management of sewerage · Stormwater drainage or on-site conservation · Suitable vehicular access	Appropriate services provided, stormwater drainage provided subject to conditions of consent. Adequate services provided as conditioned No additional unreasonable stormwater impacts given the proposed change of use Vehicular access granted via Vanessa Street	Yes Yes Yes Yes

STATE ENVIRONMENTAL PLANNING INSTRUMENTS

Compliance with the relevant state environmental planning policies is detailed and discussed in the table below.

State Environmental Planning Policy	Complies
State Environmental Planning Policy 55 – Remediation of Land	Yes – Council’s records indicate asbestos on site. A condition of consent is imposed is to ensure appropriate remediation of the site given the intended use for works including excavation of piers and underground fuel pipes.

2. Draft Environmental Planning Instruments

DRAFT STATE ENVIRONMENTAL PLANNING POLICY (COMPETITION) 2010

The proposal has been considered in accordance with the provisions within the SEPP and is considered to be satisfactory.

3. Development Control Plans

The proposal has been assessed under the relevant provisions as per below.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE - SECTION 3.1 CAR PARKING

The extent to which the proposed development complies with Section 3.1 Car Parking is detailed and discussed in the table below.

Section 3.1	Requirements	Proposal	Complies
3.1.4.1 - parking	Office: 1 space per 40sqm (2 spaces required) Warehouse: 1 space per 300sqm (5 spaces required)	Office: 55sqm Warehouse: 1,423.23sqm (excluding ancillary service areas) 60 spaces for buses (business use) Total of 44 car spaces for staff and 8 for visitors provided	Yes - proposed car parking considered to be satisfactory given the nature of the proposed use as most employees are generally located off site and are rotational
3.1.4.2 –Dimension of car spaces, car parking layout, circulation, egress and egress	Compliance with AS2890.1 2004 and AS2890.2	Compliant with standard	Yes
3.1.4.6 – Parking for people with a disability	Compliance with AS1428 – Design for access and mobility and AS2890.6	Two (2) accessible hard stand spaces Conditioned to comply as part of Construction Certificate	Yes

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.3 ACCESS AND MOBILITY

The proposed development satisfies the objectives of Section 3.3 Access and Mobility. The proposal seeks change of use and minor internal fit out of existing industrial building.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.4 CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN

The proposed development satisfies the objectives of Section 3.4 Crime Prevention through Environmental Design.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.5 ENERGY EFFICIENCY

The proposed development also complies with the requirements of Development Control Plan No 1 – LGA Wide.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.7 DRAINAGE AND ON SITE DETENTION (OSD) REQUIREMENTS

The flood study was externally peer reviewed and is supported subject to conditions of consent. The proposal is to drain to the Sydney Water stormwater channel adjoining the site.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.9 WASTE MANAGEMENT

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 5.3 LIGHT INDUSTRIAL AREAS

The proposal forms alterations and additions to an existing industrial unit, given the circumstances of the site the applicable relevant controls have been applied as per below.

Section 5.3	Standard	Proposal	Complies
5.3.5.4 – Amenity	An outdoor eating and sitting area is to be provided within sites at a rate of 1sqm per employee with min a total area of 10sqm 68 employees in total 68sqm required	Seating area provided indoor comprising of two (2) meal rooms at 58.5sqm	No (1)
5.3.6 – Vehicle Access and Parking	Car parking bays to comply Access provisions to comply Car parking should be adequately sign posted and were required provide parking for people with a disability	Car parking bays conditioned to comply Comply Car parking signage conditioned to comply	Yes Yes Yes
5.3.6.2 – Layout, circulation, access and egress	Compliant with Australian Standards	Conditioned	Yes
5.3.7 – Acoustics	Hours of operation is restricted to avoid any undue or unreasonable noise nuisance upon surrounding residential areas Development designed to minimise the possibility of noise to the occupants of adjoining or neighbouring dwellings Noise control measures for any particular source take account for potentially affected sites	Hours of operation considered to be reasonable given that the use is conditioned to avoid residential zones As above As above	Yes Yes Yes
5.3.7.1 – Provision	Must not exceed noise background levels 65dB(A)	Conditioned	Yes
5.3.7.3 – Hours of Operation	7.00am to 7.00pm Monday to Saturday, no work on Sunday (not near residential)	5.00am – 11.30pm – Monday – Sunday (bus route conditioned to avoid residential areas)	No (2)
5.3.8 – Energy Efficiency and Services	Energy efficiency objectives to be satisfied	Objectives met	Yes
5.3.9 – Waste Management	Waste Management Plan to be provided	Waste management plan conditioned as part of Construction Certificate	Yes
5.3.9.1 – Capacity and Size	Capacity objectives to be satisfied	Objectives met	Yes
5.3.9.2 – Construction	Construction objectives to be satisfied	Objectives met	Yes
5.3.9.3 –Placement	Placement objectives to be satisfied	Objectives met	Yes
5.3.9.4 – Access	Access objectives to be satisfied	Objectives met	Yes
5.3.10 – Drainage 5.311 - Trade Waste Agreement 5.3.11.2 – Disposal of liquid Waste 5.3.11 – Disposal of waste from work areas 5.3.11.4 – Washing of Vehicles 5.3.11 – Stormwater Treatment	Drainage and stormwater, use and waste requirements to be met	Objectives satisfied, supported subject to conditions of consent	Yes

(1) Amenity - Outdoor eating area

Council’s controls require an outdoor eating area of 68sqm to cater for sixty eight (68) employees. The proposal seeks to provide two (2) indoor eating areas with a total area of 58.5sqm which are considered to be an appropriate size and function to accommodate the proposed use. In this instance, given nature of business, employees are likely to be on site in staggered increments and the proposed meal rooms are considered to appropriately service the employees. In this regard, the proposed variation provides adequate amenity to employees on site and the intent of this clause has been satisfied.

(2) Hours of operation

Council’s controls prescribe hours of operation 7.00am to 7.00pm Monday to Saturday, no work on Sunday in instances where this is not near residential. The proposal seeks the hours between 5.00am – 11.30pm Monday – Sunday given the nature of the use. As previously discussed, the applicant has stated the following;

The operations of Transdev require that buses be pick up and dropped off between the hours of 5.00 – 23.30. Bus movements via King Georges Road will be restricted to the hours of 7:00 – 19:00 to avoid any potential noise impacts on the residential properties along Vanessa Street to the west of The Crescent. Buses will travel via Kingsgrove Road only during this time.

The hours are considered reasonable on the basis of conditioning of the diversion of bus routes to and from Kingsgrove Road therefore avoiding the residential streets to the west. This is considered to be reasonable to reduce noise, traffic and amenity impacts to residential development. This is supported by Council’s Senior Traffic Engineer.

4. Impacts

Natural Environment

No adverse natural environmental impact subject to conditions of consent.

Built Environment

No adverse material built environment impact given the industrial nature of the development and surrounding industrial zoning.

Social Impact

No adverse material social impact subject to conditioning the rerouting of traffic further discussed within this report.

Economic Impact

No adverse material economic impact. The proposal results in increase in employment opportunities within the locality.

Suitability of the Site

The proposed works are considered suitable for the subject site for the reasons contained within this report.

5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident

The application was notified to eighty seven (87) adjoining owners/occupiers in accordance with Council’s controls. In response six (6) submissions which included a petition were received forty six (46) signatures from individual addresses were received. The amended plans were not renotified as this did not generate a greater material impact than the original proposal. The concerns received relate to the following.

Traffic impacts to residential areas

Concerns were raised in relation to traffic impacts on Commercial Road, Vanessa Street and Tooronga Terrace and surrounding area by the proposed use. Concerns raised included the impact of this proposed use on existing traffic and that this would be exacerbated with the proposed use.

Comment: The proposal is conditioned to avoid the residential streets ie via Tooronga Terrace. Subject to the above, the proposal is not considered to result in any unacceptable material traffic or associated impacts. The proposed development is not a traffic generating development. The proposal is supported by Council’s Senior Traffic Engineer.

Safety

Concerns were raised regarding safety impacts to residents, children, persons to the surrounding area.

Comment: The proposal is not considered to result in any unacceptable or unreasonable impacts regarding safety. Council’s Senior Traffic Engineer raises no concerns with safety given that bus movements are restricted to Kingsgrove Road only as a condition of consent.

No traffic report with DA

Comment: The proposal has been considered against the applicable controls. The proposal is supported by Council’s Senior Traffic Engineer subject to conditioning of the diversion of the buses to accessing the site from Kingsgrove Road and avoiding residential areas.

Impact on local amenity

Impact on amenity on the local park, child care centre, facilities etc.

Comment: The proposal is not considered to result in any significant or material impacts generated by the proposed use. The proposed use is conditioned to enter and exit towards Kingsgrove Road, avoiding the residential areas to the south and south west.

Notification

Concerns were raised regarding notification of the proposal.

Comment: The proposal was notified to adjoining residents in accordance with Council’s Development Control Plan. The application was notified in accordance with Council’s controls for two (2) weeks, then a further one (1) week.

Traffic impacts generated by noise

Concerns were raised regarding noise impacts generated by proposed use with buses to and from the site.

Comment: Appropriate conditions of consent have been imposed regarding noise and limiting the route to avoid residential areas nearby.

No benefit to the community

Concerns were raised that the proposal would not result in material benefits to the community or job creation.

Comment: The proposal seeks to provide employment opportunities with the intent of providing increased bus services in the area.

Impact generated by use/contamination/pollutants

Concerns were raised in relation to the proposed use given the adjoining industrial uses.

Comment: The proposal seeks to provide a car wash bay and all other key servicing uses within the existing industrial building, therefore such key pollutants are likely to be contained subject to conditions of consent. As discussed within the report the amended proposal does not seek consent for body repairs and spray painting.

The proposal seeks fuel bay enclosure which is external to the existing building located along the north eastern corner.

The proposal seeks to primarily use the hard stand area as car parking for the buses and employee vehicles. Appropriate conditions have been imposed to ensure that environmental protection measures have been applied.

Council Referrals

Senior Environmental Health and Building Surveyor

Council’s Senior Environmental Health and Building Surveyor supports the proposal subject to conditions of consent.

Environmental Health Officer

Council’s Environmental Health Officer supports the proposal subject to conditions of consent.

Development Engineer

The flood study was externally peer reviewed and is considered to be satisfactory subject to conditions of consent.

Senior Traffic Engineer

Council’s Senior Traffic Engineer has commented on the proposal as follows;

Parking requirements and layout

The proposal provides 60 hardstand bus spaces in ‘stacked’ arrangements in order of arrival to maximise parking efficiency for the site, in addition the proposal provides 44 car spaces for staff and 8 spaces for visitors. This is considered appropriate for off street parking provision to meet the demands generated by the staff of the depot and their visitors.

The car parking layout was assessed for requirements of AS2890.1:2004

Suitability, manoeuvrability and access to the site

The proposed Bus Depot is proposed in an industrial zoned area for which a Bus Depot is permissible.

The entrance to the site is separated from its exit which facilitates safer and easier manoeuvre within the site.

Entrance to staff and visitor car park is separated from that of the buses which is safer for pedestrians and other road users.

Swept Path diagrams have demonstrated successful ingress and egress of buses in and out of the site as well as into their respective car parking spaces.

Road Network

Given the location of where the Bus Depot is proposed, which is in an industrial area highly frequented by trucks and other heavy vehicles, there will not be a significant impact on the existing road networks as the 60 buses movement in and out of the site will be distributed and staggered throughout the hours of 5.00 am – 11:00pm as stipulated in the Statement of Environmental Effects Table 4 “Typical Bus Movements per hour”

Loss of amenity to neighbouring properties

While the Bus Depot proposed at 115 Vanessa Street conforms to the above mentioned assessment measures. The development does introduce 60 pull ins and 60 pull outs Manoeuvres of Buses into the area and accordingly it is recommended that if Council was to approve the proposed Bus Depot at 115 Vanessa Street, Kingsgrove that approval be granted under the condition that all buses leaving the premises at 115 Vanessa Street are to travel east along Vanessa Street and get onto Kingsgrove Road, Kingsgrove, likewise all buses accessing 115 Vanessa Street are to do so through Kingsgrove Road and Vanessa Street, Kingsgrove.

In other words it is recommended that approval be granted with the conditions that buses leaving and entering 115 Vanessa Street do not do so by accessing the residential areas along Vanessa Street, Tooronga Terrace or King Georges Road, Beverly Hills intersection.

Comment: It is recommended with this condition to be imposed.

6. CONCLUSION

The proposal is considered to be acceptable for the reasons contained within this report above. The proposal forms a permissible use on within the zone, as previously discussed, the proposed used is considered to be reasonable given the limitations due to the drainage constraints.

The proposal is supported subject to conditions of consent in particular to diversion of traffic to avoid residential areas to reduce traffic, noise and amenity impacts. A condition of consent is imposed for no for body repairs and spray painting to be carried out. The proposal is not considered to result in any unnecessary or unreasonable material impacts given the proposed use.

DETERMINATION

THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council, grants development consent to Development Application DA2014/0016 for fit out and use of transport depot on Lot 100 in DP 878873 and known as 115 Vanessa Street, Kingsgrove, subject to the attached conditions:

Schedule A – Site Specific Conditions

GENERAL CONDITIONS

Reference No.	Date	Description	Revision	Prepared by
3696248-CP	7.08.14	Parking Plan	D	CBRE
-	Received 5 Jun 15)	Northern Elevation	-	-

2. GEN1002 - Fees to be paid to Council - The following must be submitted to either Council or an Accredited Certifier before a Construction Certificate is issued:

(a) Fees to be paid to Council:

Schedule of fees, bonds and contributions

Fee Type	Paid	Amount	Receipt Date	Receipt No
Development Application Fee	X	$1,503.00	2 Feb 15	2026436
Plan First Fee	X	$369.92	2 Feb 15	2026436
Notification Fee	X	$320.00	2 Feb 15	2026436
DA Advertising Fee	X	$1,105.00	2 Feb 15	2026436
Long Service Levy		$2,023.00
Builders Damage Deposit		$1,500.00
Inspection Fee for Refund of Damage Deposit		$135.00

The following fees apply where you appoint Council as your Principal Certifying Authority (PCA). (If you appoint a private PCA, separate fees will apply)

PCA Services Fee		$1,651.40
Construction Certificate Application Fee		$1,651.40
Construction Certificate Imaging Fee		$138.00

3. GEN1014 - Long Service Levy - Submit evidence of payment of the Building and Construction Industry Long Service Leave Levy to the Principal Certifying Authority. Note this amount is based on the cost quoted in the Development Application, and same may increase with any variation to estimated cost which arises with the Construction Certificate application. To find out the amount payable go to www.lspc.nsw.gov.au or call 131441. Evidence of the payment of this levy must be submitted with the Construction Certificate application.

4. GEN1015 - Damage Deposit - Minor Works - In order to insure against damage to Council property the following is required:

(a) Payment to Council of a damage deposit for the cost of making good any damage caused to any Council property as a result of the development: $1,500.00.

(b) Payment to Council of a non-refundable inspection fee to enable assessment of any damage and repairs where required: $135.00.

(e) Payments pursuant to this condition are required to be made to Council before the issue of the Construction Certificate.

(f) Fees and charges above are subject to change and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government Authorities, applicable at the time of payment.

5. GEN1019 - General Condition - No consent is granted for carrying out body repairs and/or spray painting. Any future body repairs and/or spray painting on the site would require the submission of, and approval granted, for a separate development consent for that use.

REQUIREMENTS OF OTHER GOVERNMENT AGENCIES

6. GOV1006 - Sydney Water - Trade Waste Agreements - A Trade Waste Agreement with Sydney Water may be required. Details of any work required to comply with the agreement must be detailed on the plans lodged with the Construction Certificate. If no trade waste agreement or grease trap is required, a letter from Sydney Water to this effect must be submitted with the application for the Construction Certificate.

7. GOV1008 - Sydney Water - Section 73 Certificate - A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation. Application must be made through an authorised Water Servicing Coordinator. Please refer to the Plumbing, Building and Developing section of Sydney Water’s website to locate a Water Servicing Coordinator in your area. Visit: www.sydneywater.com.au

The “Notice of Requirements” must be submitted prior to the commencement of work.

8. GOV1009 - Sydney Water - Section 73 Compliance Certificate - A Section 73 Compliance Certificate under the Sydney Water Act must be submitted to the Principal Certifying Authority prior to the issue of the Occupation/Subdivision or Strata Certificate.

PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

9. CC4024 - Health - Acoustic Certification - The Construction Certificate plans must be accompanied by a certificate from a professional acoustic engineer certifying that noise from the operation of mechanical plant and equipment will not give rise to offensive noise as defined under the provision of the Protection of the Environment Operations Act 1997 (as amended) and will comply with the noise intrusion criteria as defined under the NSW Industrial Noise Policy published by the Environment Protection Authority. If sound attenuation is required, this must be detailed on the plans lodged with the Construction Certificate.

10. CC3009 - Development Engineering - Submitted Flood Study - The development shall be designed to conform to the recommendations and conclusions of the submitted flood study prepared by Van Der Meer dated June 2015

This shall include, but not be limited to, any recommendations for the following:

(a) Minimum floor levels

(b) Fencing

(d) Overland flow path construction

(e) Any other

(f) Protection of basement from inundation of surface waters

Evidence from an appropriately qualified person that all design requirements have been adhered to shall be submitted with the Construction Certificate application.

11. CC4008 - Health - Car Wash Bays - Plans and specifications of the car washing system which has been approved by Sydney Water must be submitted with the application for the Construction Certificate.

All car washing bays shall be contained within a roofed and bunded car wash bay with pre-treatment approved by Sydney Water. The water from the car wash bay must be graded to a drainage point and connected to sewer.

If alternative water management and disposal options are proposed (i.e. where water is recycled, minimised or reused on the site), detailed plans and specifications of the water recycling system must be submitted with the application for the Construction Certificate.

12. CC4014 - Health - Industrial Premises - Wet Areas and Trade Waste Systems - Details and specification of wet areas must be submitted with the Construction Certificate. All wet-rubbing, engine degreasing or vehicle washing is to be conducted in a vehicle wash bay connected to the sewer. This area is to be bunded to prevent waste water entering the stormwater system.

13. CC4016 - Health - Industrial Premises - Odour - Air Quality Report - An air quality report prepared by a suitably qualified professional engineer (air quality) must be submitted with the Construction Certificate and include:

(a) details of the type of control equipment, if any, that is necessary to prevent an odour nuisance (as defined under the Protection of the Environment Operations Act 1997) arising from the operation of the premises; and

(b) certification that the proposed control equipment will be adequate to prevent an odour nuisance arising due to the operation of the premises.

14. CC7001 - Should the Council be appointed as the Principal Certifying Authority, the Construction Certificate Application must be accompanied by the following details, with plans prepared and certified by an appropriately qualified person demonstrating compliance with the BCA:

a) Fire safety services and equipment including hydrant, hose reel, portable fire extinguishers, emergency lights, exit signs, smoke hazard management systems, etc.

b) Exit travel distances that demonstrate compliance with the BCA.

c) Disabled access that complies with the Premises Standards, the BCA and with AS 1428.1

d) Fire protection to openings and to existing walls to comply with the BCA.

e) E) Fire separation and protection of buildings in accordance with Part C of the BCA

15. CC7005 - Building - Hazardous Material Survey - Remediation approved as part of this Development Consent shall be carried out in accordance with Remedial Action Plan and a Hazardous Materials Survey in accordance with the New South Wales Protection Authority Guidelines for Consultants Reporting on Contaminated sites. A site audit statement must be carried out by a site auditor prior to the commencement of remediation works.

16. CC7008 - Building - Access for Persons with a Disability - Access and sanitary facilities for persons with disabilities must be provided to the premises/building in accordance with the requirements of the Premises Standards, the Building Code of Australia, and AS 1428.1. Details must be submitted with the Construction Certificate application.

17. CC7016 - Building - Partial conformity with the BCA - Clause 93 and 94 EP&A Regulation 2000 - Pursuant to Clause 94 of the Environmental Planning and Assessment Regulation 2000, the existing building must be brought into partial conformity with the Building Code of Australia in respect to the provisions of:

a) Pursuant to Clause 94 of the Environmental Planning and Assessment Regulation 2000, the existing buildings must be brought into partial conformity with the Building Code of Australia in respect to the provisions of:

b) Access and egress from the building - Section D.

c) Fire Protection of the building including new openings and existing openings affected by the proposed alterations and additions, that stand less than 3 metres from the boundary or fire source feature - Section C.

d) Fire safety services and equipment - Section E.

e) Fire protection to existing walls in regards to FRL’s where it is proposed to carry out any work - Section C.

In this regard, detailed construction plans and specifications that demonstrate compliance with the above requirements of the BCA must be submitted to the Principal Certifying Authority with the Construction Certificate application. Should there be any non-compliance, an alternative method of fire protection and structural capacity must be submitted, with all supporting documents prepared by a suitably qualified person.

18. CC8008 - Waste - Waste Handling Systems - All waste handling equipment and systems used in conjunction with the provision of waste and recycling services shall be manufactured, installed and maintained in accordance with any applicable regulatory requirements, relevant Australian Standards, and relevant manufacturer’s specifications.

19. CC2001 - Development Assessment - Erosion and Sedimentation Control - Erosion and sediment controls must be provided to ensure: